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...

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