Myco Industries, Inc. is Granted a Preliminary Injunction Against BlephEx and Its CEO, James Rynerson

MILFORD, Mich., Sept. 17, 2019 /PRNewswire/ -- A Michigan federal judge has barred BlephEx LLC from making allegations of patent infringement and threatening litigation against customers of Myco Industries, Inc. regarding Myco's AB Max(TM).

U.S. District Judge Gershwin A. Drain issued a preliminary injunction on August 27th, enjoining BlephEx and its CEO James Rynerson from making allegations of patent infringement and threatening litigation against potential customers of Myco. BlephEx's product and its related patent are used on the inner edge of the eyelid, whereas Myco's AB Max is applied on the front edge of the eyelid, which Judge Drain stated makes them sufficiently different.

In granting the preliminary injunction, the Court wrote, "[p]ursuant to the Patent Act, this Court concludes that there is a strong likelihood of success on Myco's contention that its medical practitioner customers are immune from suit. Further, this Court concluded above that there is a strong likelihood of success on Plaintiff's claim that the AB Max does not directly or indirectly infringe [BlephEx's] patent. Therefore, there is also a strong likelihood of success on Plaintiff's contention that Myco customers who are not medical practitioners are also not liable for infringement."

Myco filed its lawsuit against BlephEx in March seeking declaratory judgment of noninfringement and bringing claims for unfair competition against BlephEx. A copy of Myco's complaint against BlephEx and its CEO James Rynerson, as well as the preliminary injunction that was granted to Myco may be found at this link: https://www.ab-max.com/wp-content/uploads/2019/07/011-Amended-Myco_s-Mtn-for-Preliminary-Injunction.pdf

Myco Industries, Inc. has been designing and manufacturing ophthalmic/optometric devices since 1993. Our mission is to help health care professionals provide the best possible care with the best possible outcomes through innovation. *Anterior Blepharitis is blepharitis of the outer eyelid margin, including the eyelashes. Patented and Patents Pending Myco Industries, Inc. For use by medical professionals only.

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SOURCE Myco Industries, Inc.