Myco Industries, Inc. v. Blephex, LLC
Plaintiff: Myco Industries, Inc.
Defendant: Blephex, LLC
Case Number: 2:2019cv10645
Filed: March 4, 2019
Court: US District Court for the Eastern District of Michigan
Presiding Judge: Gershwin A Drain
Referring Judge: Elizabeth A Stafford
Nature of Suit: Patent
Cause of Action: 35:183
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2019 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)
April 24, 2019 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)
April 22, 2019 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)
April 16, 2019 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)
April 12, 2019 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)
April 9, 2019 Opinion or Order 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)
April 8, 2019 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)
April 8, 2019 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)
April 8, 2019 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)
March 21, 2019 Opinion or Order 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)
March 18, 2019 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)
March 18, 2019 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)
March 18, 2019 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).
March 15, 2019 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)
March 14, 2019 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)
March 13, 2019 Filing 8 NOTICE of Appearance by Lina Adnan Asmar on behalf of Blephex, LLC. (Asmar, Lina)
March 13, 2019 Filing 7 NOTICE of Appearance by Dean W. Amburn on behalf of Blephex, LLC. (Amburn, Dean)
March 6, 2019 Filing 6 CERTIFICATE of Service/Summons Returned Executed. Blephex, LLC served on 3/5/2019, answer due 3/26/2019. (Lewry, Thomas)
March 4, 2019 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)
March 4, 2019 Filing 5 SUMMONS Issued for *Blephex, LLC* (SOso)
March 4, 2019 Filing 4 ATTORNEY APPEARANCE: Chanille Carswell appearing on behalf of Myco Industries, Inc. (Carswell, Chanille)
March 4, 2019 Filing 3 Patent Report Sent To Washington (Lewry, Thomas)
March 4, 2019 Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Myco Industries, Inc. (Lewry, Thomas)
March 4, 2019 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)

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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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