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Expert Analysis

Eye Drop Ruling Clarifies Importance Of Patent Phrasing

By Liliana Di Nola-Baron ( July 29, 2025, 6:13 PM EDT) -- In an opinion issued on June 30 by U.S. District Judge Mark Scarsi in Eye Therapies LLC v. Slayback Pharma LLC, the U.S. Court of Appeals for the Federal Circuit rejected the Patent Trial and Appeal Board's construction of the phrase "consisting essentially of" as having its ordinary meaning of permitting inclusion of components not listed in the claims, if they do not "materially affect the basic and novel properties of the invention."[1]...

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