BlephEx, LLC v. Myco Industries, Inc., No. 21-1149 (Fed. Cir. Feb. 3, 2022)

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.

In February 2019, Myco Industries, Inc. (“Myco”) began marketing a product it called the AB Max at a trade show in New Orleans. The AB Max is a device for treating bleph- aritis.1 A month later, BlephEx, LLC (“BlephEx”) filed an application that would become United States Patent Num- ber 10,449,087 (“the ’087 patent”). On October 22, 2019, the United States Patent and Trademark Office issued the ’087 patent, entitled “Instrument for Treating an Ocular Disorder.” The same day, BlephEx sued Myco and its chairman, John R.