`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`BlephEx, LLC,
`
`v.
`
`Plaintiff,
`
`Myco Industries, Inc. and John R.
`Choate
`
`Defendants.
`
`Civil Action No. 2:19-cv-13089-
`Honorable Gershwin A. Drain
`Honorable Judge Elizabeth A.
`Stafford
`
`JURY TRIAL DEMANDED
`
`BlephEx’s Disclosure of Asserted Claims
`And Infringement Contentions
`
`MYCO EX1051, p. 1
`IPR2020-01738
`
`
`
`Pursuant to the Court’s Scheduling Order entered April 17, 2020 (Dkt. 26),
`
`BlephEx hereby submits the following Disclosure of Asserted Claims and
`
`Infringement Contentions. BlephEx notes that discovery in this matter is ongoing
`
`and reserves the right to supplement or amend the following disclosures in light of
`
`information, documents or testimony produced in discovery. BlephEx further notes
`
`that a Markman Order has not yet been issued by the Court and expressly reserves
`
`the right to supplement or amend these disclosures in light of any claim construction
`
`positions Myco may take and the Court’s Markman Order.
`
`BlephEx further notes that it set forth detailed infringement contentions for
`
`how Myco directly and indirectly infringes Claim 16 of BlephEx’s U.S. Patent No.
`
`10,449,087 (“the ’087 patent”) in BlephEx’s Complaint, Motion for Preliminary
`
`Injunction, and the Expert Declaration of Dr. Penny Asbell. BlephEx expressly
`
`incorporates by reference the allegations, evidence, and opinions set forth in these
`
`filings into this disclosure. See Complaint ¶ 46-98; Dkt 10 (BlephEx Motion for
`
`Preliminary Injunction) including Dkt 10-3 (Declaration of Dr. Penny Asbell).
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS
`As for its disclosure of asserted claims BlephEx states that it currently asserts
`
`Claims 16 and 18-19 of the ‘087 Patent against Myco and Mr. Choate’s AB Max
`
`device and method.
`
`1
`
`MYCO EX1051, p. 2
`IPR2020-01738
`
`
`
`Dated: May 1, 2020
`
`By: /s/ Matthew D. Robson
`
`Matthew D. Robson
`Quinn Emanuel Urquhart
`& Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, New York 10010-1601
`Phone: (212) 849-7000
`matthewrobson@quinnemanuel.com
`
`Counsel for Plaintiff BlephEx, LLC
`
`11
`
`MYCO EX1051, p. 3
`IPR2020-01738
`
`
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