Fed. Circ. Lifts Bar On Eye Device Maker's Speech In IP Fight

Law360 (April 3, 2020, 8:22 PM EDT) -- The Federal Circuit on Friday threw out an injunction order barring eye disease treatment maker BlephEx LLC from publicly saying that a competing business infringed its patent, finding that the injunction violated BlephEx's free speech.

In a published opinion, a three-judge panel concluded that a Michigan federal court abused its discretion in issuing an August injunction blocking BlephEx and its CEO James Rynerson from alleging that rival Myco Industries Inc. and its chair John Choate infringed its patent, or from threatening to sue Myco's potential customers.

U.S. District Judge Gershwin A. Drain had found that BlephEx's eponymous product and its related...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!