BlephEx,LLC

I. BACKGROUND

22 Plaintiff and Counter-Defendant BlephEx, LLC (“BlephEx” or “Plaintiff”), is the 23 legal owner by assignment of U.S. Patent No. 11,083,621 (“the ‘621 Patent”), related to 24 what BlephEx describes as “an electromechanical device [] with a soft and resilient tip that 25 safely contacts and removes debris from the eyelids and eyelid margin—encouraging 26 healing and preventing reoccurrence of disorders involving the eyelids and eyelid margin.” 27 Compl., ECF No. 1 ¶¶ 2, 12. Plaintiff alleges that Defendant and Counter-Plaintiff NuLids, LLC (“NuLids” or “Defendant”), despite being aware of the BlephEx device, began selling two similar devices—the “NuLids” and the “NuLids Pro”—which infringe on the ‘621 Patent. ECF No. 1 ¶¶ 32–38. Accordingly, BlephEx filed on March 31, 2023, a complaint against NuLids asserting two claims for: (1) willful direct patent infringement under 35 U.S.C. §§ 271(a), 284–85; and (2) willful inducement of patent infringement under 35 U.S.C. §§ 271(b), 284–85. ECF No. 1 ¶¶ 72–91. On September 26, 2023, the Court denied NuLids’s motion to dismiss. ECF No. 31. After receiving an extension of time, NuLids timely…