Newsroom
News
Press Release

White & Case Secures Patent Litigation Victory for BlephEx, LLC in The United States Court of Appeals for the Federal Circuit

Global law firm White & Case LLP has secured a decisive victory for BlephEx, LLC – creator of the innovative BlephEx® device and eyelid cleaning procedure – in the United States Court of Appeals for the Federal Circuit, obtaining an affirmance of a patent infringement preliminary injunction against Myco Industries and its AB Max product.

"Securing this affirmance is a significant victory for BlephEx," said White & Case partner, Peter Armenio, who led the matter. "With the preliminary injunction now secured, BlephEx can proceed to trial without Myco eroding its business in the interim."

This affirmance caps a complete reversal in the course of the litigation between the parties, which started when Myco obtained a preliminary injunction against BlephEx's right to discuss its patents with customers when BlephEx was represented by prior counsel. Peter Armenio and Matt Robson at Quinn Emanuel won a reversal of that anti-speech injunction at the Federal Circuit in April 2020 and, in October 2020, won a patent infringement preliminary injunction in the US District Court for the Eastern District of Michigan, District Judge Gershwin A. Drain presiding. With the Federal Circuit's decision this week – which affirmed Judge Drain's decision in every respect and taxed costs against Myco – BlephEx can both discuss its patents freely with customers and can do so while Myco is preliminarily enjoined from selling its AB Max product.

Press contact
For more information please speak to your local media contact.