Monday, March 2, 2020
Myco Industries, Inc. v. BlephEx, LLC, No. 19-2374,
Courtroom 203
At a trade show, representatives of two competing companies
displayed their respective products. Upon seeing the Myco
product, the BlephEx representative allegedly asserted, both to the
Myco representative and to others at the trade show, that the
product infringed his patent. Myco filed suit, seeking among
other things a declaratory judgment of noninfringement and
invalidity. Myco also sought a preliminary injunction against
BlephEx that would enjoin it from making allegations of patent
infringement and threatening litigation against Myco's
customers. The court granted the preliminary injunction,
based in part on its finding that Myco's customers are medical
practitioners who, under 35 U.S.C. § 287(c)(1), cannot be
liable for patent infringement.
