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.
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