Myco's Lawsuit filed Against BlephEx® & James Rynerson, MD Legal Information You Need to Know
On June 28th, 2019, BlephEx submitted a press release trying to create the false perception that BlephEx filed a lawsuit against Myco Industries, Inc. for patent infringement. The truth is, Myco sued BlephEx, LLC in federal court in Michigan on March 3rd to put a stop to BlephEx’s baseless threats of patent infringement to Myco and our prospective customers. The suit also seeks to halt BlephEx’s and James Rynerson’s ongoing unfair competition tactics.
Myco Industries, Inc. has been selling and servicing ophthalmic surgical instruments since 1993. One of its founders, John R. Choate has been designing, developing and manufacturing medical devices for the past 26 years. John holds a number of U.S. and international patents and additionally is a design consultant to a number of medical device companies overseas. In August of 2012, Rynerson reached out Mr. Choate through one of Myco’s sales representatives, since Rynerson had an idea, but had no knowledge on how to proceed. Mr. Choate began working on a concept and within two weeks had made a prototype device. Mr. Choate, who was President and COO of the company he founded (with Rynerson) worked designing and developing the device, which was introduced in June 2013 at the AOA. In December of 2013, after Rynerson refused to pay Mr. Choate for his work, Mr. Choate filed a lawsuit against Rynerson for fraud and breach of contract and ceased working for the company that is now called BlephEx, LLC.
Mr. Choate, a co-inventor on some of BlephEx’s patents, knows the BlephEx product very well. Myco’s AB Max™ is a revolutionary tool that goes beyond the BlephEx product. The U.S. Patent and Trademark Office announced it would issue Myco a patent covering the revolutionary pulse-mode feature of the AB Max™ after reviewing BlephEx’s patent at issue in the lawsuit.
As the U.S. Patent Office recognized, AB Max™ is a unique advancement over the BlephEx device. AB Max™ is for cleaning the outer eyelid margin, including the eyelashes, while the BlephEx patent covers only a method of cleaning a small area of the eyelid margin behind the eyelashes.
BlephEx’s infringement claims are baseless because the BlephEx’s patent does not cover the outer eyelid margin or the eyelashes, where AB Max™ is used. In addition, under U.S. patent law, medical practitioners are exempt from claims that they infringe a method patent when they perform a medical procedure on a body.
A copy of Myco’s complaint against BlephEx, LLC and James Rynerson as well as a copy of Myco’s preliminary injunction motion may be found at the links below.
BlephEx® is a Registered Trademark of BlephEx, LLC.