BlephEx Asserts Claims of Patent Infringement and False Advertising Against Myco Industries

BlephEx, creator of the BlephEx device and eyelid cleaning procedure, announced that it has asserted claims of willful patent infringement and false advertising against Myco Industries and John R. Choate in United States Federal Court, the company stated in a news release.

BlephEx is the owner of United States Patent Number 9,039,718. On March 4, 2019, Myco filed a declaratory judgment lawsuit seeking to invalidate the ‘718 patent and a declaration of non-infringement, among other things.

“BlephEx denies Myco’s allegations and will vigorously defend its patent rights in the lawsuit,” the news release states.

On June 14, 2019, BlephEx filed counterclaims against Myco and Mr. Choate for willful patent infringement of the ‘718 patent in connection with Myco’s lid de-bridement product, as well as claims under the United States Lanham Act for false and misleading advertising.

In the lawsuit, BlephEx seeks treble damages as well as an injunction prohibiting Myco, Mr. Choate, and any persons or entities in active concert or in participation with any of them, from infringing the ’718 patent.

A copy of BlephEx’s Amended Answer, Affirmative Defenses, Counterclaims, and Demand for Jury Trial may be found at: https://ecf.mied.uscourts.gov/ doc1/097110771786