AZURITY PHARMACEUTICALS INDIA LLP

Federal Circuit Reverses PTAB Decision on Brimonidine Eye Redness Patent in Landmark Claim Construction Ruling

- The Federal Circuit reversed the Patent Trial and Appeal Board's claim construction of U.S. Patent No. 8,293,742, which covers methods for reducing eye redness using brimonidine as the sole active ingredient. - The court ruled that prosecution history can alter conventional patent claim language meanings, establishing that "consisting essentially of" in this context precludes the use of any active agents other than brimonidine. - Eye Therapies successfully defended their patent against Slayback Pharma's challenge by demonstrating that their prosecution arguments created a more restrictive interpretation than the phrase's traditional meaning. - The precedential decision emphasizes the significant impact prosecution history can have on post-issuance patent claim construction and validity determinations.