Myco Industries, Inc. v. BlephEx, LLC, No. 19-2374 (Fed. Cir. Apr. 3, 2020)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

We have jurisdiction over this case because it arises out of allegations of patent infringement. But, in its current posture, it is a case about free speech and a district court’s authority to place prior restraints on that speech. Myco Industries, Inc. (“Myco”) believed its competitor BlephEx, LLC (“BlephEx”) engaged in unprotected speech —making false and misleading statements about Myco’s product and whether it infringed BlephEx’s patent covering such tech- nology, U.S. Patent No. 9,039,718 (the “’718 patent”).