Myco Industries, Inc. v. Blephex, LLC
Myco Industries, Inc. |
Blephex, LLC |
2:2019cv10645 |
March 4, 2019 |
US District Court for the Eastern District of Michigan |
Gershwin A Drain |
Elizabeth A Stafford |
Patent |
35 U.S.C. § 183 |
Plaintiff |
Docket Report
This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.
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Filing 20 RESPONSE to #15 MOTION to Dismiss Plaintiffs Amended Complaint for Declaratory Judgment and Demand for Jury Trial [Doc. 9] filed by Myco Industries, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Articles of Merger, #3 Exhibit B - BlephEx v Insight Medical Ind, #4 Exhibit C - MI Blephex Screenshots, #5 Exhibit D - BlephEx Website Screenshots, #6 Exhibit E - Supplemental Declaration of John Choate, #7 Exhibit F - BlephEx Website Screenshots) (Carswell, Chanille) |
Set Motion and R&R Deadlines/Hearings as to #11 MOTION to Amend/Correct Dkt. #10 MOTION for Preliminary Injunction , #10 MOTION for Preliminary Injunction , #15 MOTION to Dismiss Plaintiffs Amended Complaint for Declaratory Judgment and Demand for Jury Trial [Doc. 9] : Motion Hearing reset for 5/23/2019 at 3:30 PM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (TMcg) |
Filing 19 REPLY to Response re #10 MOTION for Preliminary Injunction filed by Myco Industries, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 9 - Choate Supplemental Declaration dated 4-22-19, #3 Exhibit 10 - Blephex Exh. C Video Slide, #4 Exhibit 11 - Blephex Exh. C Slide Blow-up) (Lewry, Thomas) |
Filing 18 NOTICE OF HEARING on #15 MOTION to Dismiss Plaintiffs Amended Complaint for Declaratory Judgment and Demand for Jury Trial [Doc. 9]. Motion Hearing set for 6/25/2019 at 2:00 PM before District Judge Gershwin A. Drain (TMcg) |
Set/Reset Deadlines as to #11 MOTION to Amend/Correct Dkt. #10 MOTION for Preliminary Injunction , #10 MOTION for Preliminary Injunction . Motion Hearing reset for 4/29/2019 at 02:30 PM before District Judge Gershwin A. Drain (TMcg) |
TEXT-ONLY ORDER Granting #16 MOTION for Leave to File Exhibits C, and D to its [Doc. 17] Response in Opposition to [Doc. 11] Mycos Amended Motion for Preliminary Injunction in the Traditional Manner filed by Blephex, LLC. Signed by District Judge Gershwin A. Drain. (TMcg) |
Filing 17 RESPONSE to #11 MOTION to Amend/Correct Dkt. #10 MOTION for Preliminary Injunction filed by Blephex, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - BlephExs United States Patent No. 9,039,718 B2, #3 Exhibit B - Declaration of Dr. James M. Rynerson, #4 Exhibit E - BlephEx's United States Design Patent No. D732,163 S, #5 Exhibit F - Myco's AB Max Registration, #6 Exhibit G - Myco's FDA PYU Code, #7 Exhibit H - Myco Industries, Inc. Patent Application, #8 Exhibit I - Operating Agreement, #9 Exhibit J - Settlement Agreement, #10 Exhibit K - Amendment to - Settlement Agreement, #11 Exhibit L - Mycos Brochure) (Amburn, Dean) |
Filing 16 MOTION for Leave to File Exhibits C, and D to its [Doc. 17] Response in Opposition to [Doc. 11] Mycos Amended Motion for Preliminary Injunction in the Traditional Manner by Blephex, LLC. (Amburn, Dean) |
Filing 15 MOTION to Dismiss Plaintiffs Amended Complaint for Declaratory Judgment and Demand for Jury Trial [Doc. 9] by Blephex, LLC. (Attachments: #1 Exhibit 1 - Declaration of Dr. James Rynerson) (Amburn, Dean) |
Filing 14 ORDER Granting #13 Motion for Extension of Time to Answer Or Respond to Plaintiffs First Amended Complaint ; Defendant Blephex, LLC answer due 4/29/2019.. Signed by District Judge Gershwin A. Drain. (TMcg) |
Filing 13 MOTION for Extension of Time to File Answer Or Respond to Plaintiffs First Amended Complaint by Blephex, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit Email from C. Carswell to L. Asmar) (Asmar, Lina) |
Filing 12 NOTICE OF HEARING on #11 MOTION to Amend/Correct Dkt. #10 MOTION for Preliminary Injunction , #10 MOTION for Preliminary Injunction . Motion Hearing set for 4/29/2019 at 3:00 PM before District Judge Gershwin A. Drain (TMcg) |
Filing 11 MOTION to Amend/Correct Dkt. #10, MOTION for Preliminary Injunction by Myco Industries, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Choate Declaration of 3-15-2019, #3 Exhibit 2 - AlgerBrush II Product Information from Website, #4 Exhibit 3 - Medical News Today Article, #5 Exhibit 4 - AB Max Brochure, #6 Exhibit 5 - US Patent No. 9,039,718, #7 Exhibit 6 - File History of USPN 9,039,718, #8 Exhibit 7 - SECO 2019 Document, #9 Exhibit 8 - Adam Farkas Email of 2-23-2019) (Lewry, Thomas)[AMENDED MOTION FOR PRELIMINARY INJUNCTION] Modified on 3/18/2019 (DPer). |
Filing 10 MOTION for Preliminary Injunction by Myco Industries, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Choate Declaration of 3-15-2019, #3 Exhibit 2 - AlgerBrush II Product Information from Website, #4 Exhibit 3 - Medical News Today Article, #5 Exhibit 4 - AB Max Brochure, #6 Exhibit 5 - USPN 9,039,718, #7 Exhibit 6 - File History of 9,039,718, #8 Exhibit 7 - SECO 2019 Document, #9 Exhibit 8 - Adam Farkas Email of 2-23-2019) (Lewry, Thomas) |
Filing 9 AMENDED COMPLAINT with Jury Demand for Declaratory Judgment filed by Myco Industries, Inc. against Blephex, LLC. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit A - US Patent No. 9,039,718, #3 Exhibit B - AB Max Ad) (Lewry, Thomas) |
Filing 8 NOTICE of Appearance by Lina Adnan Asmar on behalf of Blephex, LLC. (Asmar, Lina) |
Filing 7 NOTICE of Appearance by Dean W. Amburn on behalf of Blephex, LLC. (Amburn, Dean) |
Filing 6 CERTIFICATE of Service/Summons Returned Executed. Blephex, LLC served on 3/5/2019, answer due 3/26/2019. (Lewry, Thomas) |
Filing 5 SUMMONS Issued for *Blephex, LLC* (SOso) |
Filing 4 ATTORNEY APPEARANCE: Chanille Carswell appearing on behalf of Myco Industries, Inc. (Carswell, Chanille) |
Filing 3 Patent Report Sent To Washington (Lewry, Thomas) |
Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Myco Industries, Inc. (Lewry, Thomas) |
Filing 1 COMPLAINT for Declaratory Judgment filed by Myco Industries, Inc. against Blephex, LLC with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7134845 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A - AB MAX Brochure) (Lewry, Thomas) |
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SOso) |
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Defendant: Blephex, LLC | |
Represented By: | Lina Adnan Asmar |
Represented By: | Dean W. Amburn |
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Plaintiff: Myco Industries, Inc. | |
Represented By: | Chanille Carswell |
Represented By: | Thomas A. Lewry |
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