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MYCO INDUSTRIES, INC. v. BLEPHEX, LLC

2019-2374.

955 F.3d 1 (2020)

MYCO INDUSTRIES, INC., Plaintiff/Counter Defendant-Appellee, John R. Choate, Counter Defendant-Appellee, v. BLEPHEX, LLC, Defendant/Counter Plaintiff-Appellant, James Rynerson, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: April 3, 2020.

Attorney(s) appearing for the Case

Peter J. Armenio , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, argued for defendant/counter plaintiff-appellant and defendant-appellant. Also represented by Matthew D. Robson , William Adams .

Christopher C. Smith , Brooks Kushman PC, Southfield, MI, argued for plaintiff/counter defendant-appellee and counter defendant-appellee. Also represented by Thomas A. Lewry , Rebecca Jamie Cantor .

Before Newman, O'Malley, and Taranto, Circuit Judges.

We have jurisdiction over this case because it arises out of allegations of patent infringement. But, in its current posture, it is a case about free speech and a district court's authority to place prior restraints on that speech. Myco Industries, Inc. ("Myco") believed its competitor BlephEx, LLC ("BlephEx") engaged in...

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