BlephEx Announces Appeal Victory In Patent Litigation With Myco Industries

BlephEx, creator of the BlephEx device and eyelid cleaning procedure, announced a victory before the Court of Appeals for the Federal Circuit in its ongoing patent litigation with Myco Industries, according to a company news release. The appeal arose from the fact that the Federal District Court for the Eastern District of Michigan previously granted Myco’s motion for a preliminary injunction to enjoin BlephEx from making allegations of patent infringement and threatening litigation against Myco’s potential customers. See Myco Indus., Inc. v. BlephEx, LLC, Case No. 19-cv-10645, 2019 WL 4023789 (E.D. Mich. Aug. 27, 2019).

After briefing and oral argument, the Court of Appeals reversed, vacated, and remanded the district court’s order, according to a BlephEx news release. The appeals court found that the district court’s “claim construction that limits the scope of the claims to the treatment of posterior blepharitis is faulty.” Decision at 21. As the Court of Appeals further held: “Vacating the court’s claim construction necessitates that we also vacate the court’s finding regarding Myco’s likelihood of success on its non-infringement contentions. In turn, that requires that we vacate the court’s preliminary injunction with respect to BlephEx’s ability to make generalized allegations of infringement with respect to the ’718 patent.” Id. at 25.

BlephEx looks forward to continuing to vigorously defend its intellectual property. A copy of the full Court of Appeals decision may be found at: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-2374.Opinion.4- 3-2020_1563194.pdf