Fresh From the Bench: Latest Precedential Patent Case
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
Eye Therapies, LLC v. Slayback Pharma, LLC, Appeal No. 2023-2173 (Fed. Cir. June 30, 2025)
In its only precedential patent opinion last week, the Federal Circuit reviewed construction of the transitional claim phrase “consisting essentially of” in a patent for eyedrops owned by Eye Therapies, LLC. Following an inter partes review in which the Patent Trial and Appeal Board found all claims of U.S. Patent No. 8,293,742 unpatentable as obvious, the Court found that the Board had erred by applying the typically open-ended meaning of “consisting essentially of” in view of the patent’s prosecution history, vacated the Board’s obviousness finding, and remanded for further proceedings.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe
Jason A. Wrubleski, Shareholder
More insights
PTAB in 2026: What Practitioners Are Getting Wrong
Institution rates have moved, but the reasoning behind them has moved further. The number most petitions still cite is the headline institution rate — and it has not been the operative number for two years. The two stage problem A petition now has to…
Fresh From the Bench: Latest Precedential Patent Case
Ridge Corp. et al. v. Kirk NationaLease Co. et al. , Appeal No. 2025-1254 (Fed. Cir. July 13, 2026) In its only precedential patent opinion last week, the Federal Circuit considered an appeal of a preliminary injunction issued by the U.S. District Court…
Fresh From the Bench: Latest Precedential Patent Cases
CASE OF THE WEEK Wyeth LLC v. AstraZeneca Pharmaceuticals LP , Appeal No. 2024-2325 (Fed. Cir. July 9, 2026) In our Case of the Week, the Federal Circuit affirmed a district court ruling reversing a $107.5 million jury verdict against AstraZeneca in a case…