Eye Therapies v. Slayback Pharma (Fed. Cir., June 30, 2025) 2023-2173

This episode concerns an appeal before the United States Court of Appeals for the Federal Circuit, focusing on a patent dispute between Eye Therapies, LLC, and Slayback Pharma, LLC. The core of the appeal revolves around the interpretation of a patent claim for a method of reducing eye redness using brimonidine, specifically the phrase "consisting essentially of." Eye Therapies challenged a prior decision by the Patent Trial and Appeal Board (Board), which had deemed their patent unpatentable, arguing the Board misinterpreted this key phrase to allow for other active ingredients. The Federal Circuit reversed the Board's claim construction, ruling that the phrase, in this specific patent's context, excludes additional active ingredients, and remanded the case for further proceedings based on this revised interpretation.

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