Blephex, LLC v. Myco Industries, Inc. et al
Plaintiff: Blephex, LLC
Defendant: Myco Industries, Inc. and John R. Choate
Case Number: 2:2019cv13089
Filed: October 22, 2019
Court: US District Court for the Eastern District of Michigan
Presiding Judge: Gershwin A Drain
Referring Judge: David M Lawson
2 Judge: Anthony P Patti
3 Judge: Elizabeth A Stafford
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2020 Filing 25 NOTICE OF HEARING on #10 MOTION for Preliminary Injunction . Motion Hearing reset for 4/16/2020 at 9:30 AM before District Judge Gershwin A. Drain (TMcg)
January 22, 2020 TEXT-ONLY NOTICE: Motion Hearing on 1/27/2020 is Cancelled re #15 Notice of Hearing on Motion (TMcg)
December 11, 2019 Filing 24 REPLY to Response re #10 MOTION for Preliminary Injunction filed by Blephex, LLC. (Bolton, Jordan)
December 3, 2019 Opinion or Order Filing 23 ORDER Granting #20 Motion to Seal. Signed by District Judge Gershwin A. Drain. (TMcg)
November 27, 2019 Filing 22 SEALED RESPONSE re #10 Motion for Preliminary Injunction, by John R. Choate, Myco Industries, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit G - CONFIDENTIAL - Declaration of John Choate) (Lewry, Thomas)
November 27, 2019 Filing 21 RESPONSE to #10 MOTION for Preliminary Injunction REDACTED VERSION filed by John R. Choate, Myco Industries, Inc.. (Attachments: #1 Declaration of Thomas A. Lewry, #2 Index of Exhibits, #3 Exhibit A - Track One request & grant, #4 Exhibit B - Nichamin US Pub No 2013_0331768A1, #5 Exhibit C - Claim chart - Claim 16 v Nichamin, #6 Exhibit D - Refs cited by BlephEx and considered by examiner, #7 Exhibit E - BlephEx motion for entry of judgment - Pain Point case, #8 Exhibit F - Pain point claim construction order, #9 Exhibit G - Choate Declaration - REDACTED, #10 Exhibit H - Vision Optique on Myco Facebook page, #11 Exhibit I - US 10,404,203 - adapter with pulse mod, #12 Exhibit J - 087 File History - Appn No 16_352758, #13 Exhibit K - 718 patent file history, #14 Exhibit L - Mycos Amended Mtn for Preliminary Injunction, #15 Exhibit M - Myco Reply on its Mtn for Preliminary Injunction, #16 Exhibit N - BlephEx Ex 2002 - Trattler Declaration, #17 Exhibit O - BlephEx Preliminary Response) (Lewry, Thomas)
November 27, 2019 Filing 20 MOTION to Seal Defendants' Opposition to Motion for Preliminary Injunction, as well as Declaration of Choate by John R. Choate, Myco Industries, Inc.. (Lewry, Thomas)
November 27, 2019 Filing 19 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by John R. Choate, Myco Industries, Inc. (Cantor, Rebecca)
November 27, 2019 Filing 18 ANSWER to Complaint with Affirmative Defenses with Jury Demand by John R. Choate, Myco Industries, Inc.. (Cantor, Rebecca)
November 15, 2019 Opinion or Order Filing 17 ORDER Granting Plaintiff's #16 Motion to File Records Under Seal. Signed by District Judge Gershwin A. Drain. (TMcg)
November 14, 2019 Filing 16 MOTION to Seal #10 MOTION for Preliminary Injunction (Limited Information Only) by Blephex, LLC. (Bolton, Jordan)
November 8, 2019 Filing 15 NOTICE OF HEARING on #10 MOTION for Preliminary Injunction . Motion Hearing set for 1/27/2020 at 10:00 AM before District Judge Gershwin A. Drain (TMcg)
November 8, 2019 Filing 14 ATTORNEY APPEARANCE: Rebecca J. Cantor appearing on behalf of John R. Choate, Myco Industries, Inc. (Cantor, Rebecca)
November 8, 2019 Filing 13 ATTORNEY APPEARANCE: Chanille Carswell appearing on behalf of John R. Choate, Myco Industries, Inc. (Carswell, Chanille)
November 8, 2019 Filing 12 ATTORNEY APPEARANCE: Christopher C. Smith appearing on behalf of John R. Choate, Myco Industries, Inc. (Smith, Christopher)
November 8, 2019 Filing 11 ATTORNEY APPEARANCE: Thomas A. Lewry appearing on behalf of John R. Choate, Myco Industries, Inc. (Lewry, Thomas)
November 7, 2019 Filing 10 MOTION for Preliminary Injunction by Blephex, LLC. (Attachments: #1 Document Continuation Declaration of Matthew D. Robson, #2 Document Continuation Declaration of Dr. James M. Rynerson, #3 Document Continuation Declaration of Dr. Penny Asbell) (Bolton, Jordan)
October 25, 2019 Filing 9 NOTICE by Blephex, LLC re #1 Complaint,,, and Acknowledgment of Service (Bolton, Jordan)
October 23, 2019 Opinion or Order Filing 8 ORDER REASSIGNING CASE from District Judge David M. Lawson and Magistrate Judge Anthony P. Patti to District Judge Gershwin A. Drain and Magistrate Judge Elizabeth A. Stafford. (NAhm)
October 22, 2019 Filing 7 NOTICE of Appearance by Peter J. Armenio on behalf of Blephex, LLC. (Armenio, Peter)
October 22, 2019 Filing 6 NOTICE of Appearance by Matthew D. Robson on behalf of Blephex, LLC. (Robson, Matthew)
October 22, 2019 Filing 5 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Blephex, LLC (Bolton, Jordan)
October 22, 2019 Filing 4 Patent Report Sent To Washington (Bolton, Jordan)
October 22, 2019 Filing 3 SUMMONS Issued for *John R. Choate* (DPer)
October 22, 2019 Filing 2 SUMMONS Issued for *Myco Industries, Inc.* (DPer)
October 22, 2019 Filing 1 COMPLAINT filed by Blephex, LLC against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7453231 - Fee: $ 400. County of 1st Plaintiff: Out of State - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): U.S. District Court, Eastern District of Michigan, 2:19-cv-10645, Judge Gershwin A. Drain] (Attachments: #1 Index of Exhibits, #2 Exhibit A - 087 Patent, #3 Exhibit B - AB Maxs Instruction Manual, #4 Exhibit C - Establishment Registration & Device Listing, #5 Exhibit D - Product Classification) (Bolton, Jordan)
October 22, 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 (DPer)

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Defendant: Myco Industries, Inc.
Represented By: Thomas A. Lewry
Represented By: Rebecca J. Cantor
Represented By: Chanille Carswell
Represented By: Christopher C. Smith
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Defendant: John R. Choate
Represented By: Thomas A. Lewry
Represented By: Rebecca J. Cantor
Represented By: Chanille Carswell
Represented By: Christopher C. Smith
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Plaintiff: Blephex, LLC
Represented By: Jordan S. Bolton
Represented By: Peter J. Armenio
Represented By: Matthew D. Robson
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