Eye Therapies v. Slayback Pharma – Fed. Cir. Enhances the Scope of “Consisting Essentially” |

In Eye Therapeutics, LLC, v. Slayback Pharma, LLC., Appeal no. 2023-2173, (Fed. Cir., June 30, 2025), a panel of Judges Scarisi, Stoll and Tramto reversed a Board decision that the claims of U.S. Pat. No. 8,293,742 were invalid. Claim 1 of the ‘742 patent reads

1. [“CEO”] administering brimonidine [“brim”] to a patient having an ocular condition wherein brim is present at a concentration between about 0.0l% by volume and about 0.05% by volume.

Brim is a vasodilator that reduces eye redness. As filed, the claimed method was one “comprising” brim. The comprising of method claim left the claim open to the inclusion of…