SOUTHFIELD, Mich. – Brooks Kushman Shareholder Tom Lewry was featured in a Law360 August 30, 2019 article, “Eye Device Maker Can’t Sue Ex-Partner’s Customers Over IP.”
A Michigan federal judge has barred BlephEx LLC and its CEO James Rynerson from threatening infringement litigation against potential customers of Myco Industries Inc. as well as its chair John Coate. The judge ruled that Myco is likely to succeed on its claim that its products do not infringe BlephEx’s patent because BlephEx’s product and its related patent are used on the inner edge of the eyelid, whereas Myco’s AB Max is applied on the front edge of the lid. The two companies have a complicated history dating back to 2012 when Rynerson and Choate worked together to form RySurg LLC, which would later become BlephEx.
The judge also found that allowing BlephEx and Rynerson to continue threatening Myco and its customers was likely to harm Myco’s reputation.
Myco launched the lawsuit in March 2019 seeking declaratory judgement of noninfringement and lodging unfair competition. In the article, Lewry is quoted stating, “We are pleased that the court ruled in favor of free and open competition in the marketplace.”
With more than 30 years of experience, Lewry has litigated patent, trademark, trade secret, and copyright cases nationwide in both state and federal courts. He is chair emeritus of the firm’s litigation practice and has been the driving force behind the firm’s adoption of innovative technology in the courtroom and for delivery of client information.
Brooks Kushman co-chair of litigation Chanille Carswell, and shareholders Christopher Smith and Rebecca Cantor also represent Myco and Coate.
The full Law360 article can be found here.
About Brooks Kushman P.C.
Brooks Kushman P.C. is a premier intellectual property (IP) and technology law firm dedicated to the advancement and protection of innovations and brands that propel businesses around the world. With offices in Michigan and California, we work alongside corporations, small to medium sized businesses, and leading universities to protect their intellectual property assets. Our attorneys have a broad range of experience in industries and technologies, including consumer electronics, manufacturing, medical device, computer technology, aerospace, chemicals, biotechnology, and retail.
Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, and Intellectual Property Today. For more information, please visit www.BrooksKushman.com.