Eye Therapies, LLC

Federal Circuit Reverses Patent Board Ruling on Eye Redness Treatment, Strengthens Brimonidine Patent Protection

- The Federal Circuit reversed the Patent Trial and Appeal Board's obviousness ruling that invalidated Eye Therapies' patent claims for brimonidine-based eye redness treatments. - The court found the Board incorrectly interpreted the claim phrase "consisting essentially of" by ignoring prosecution history that narrowed the patent's scope to exclude other active ingredients. - The ruling strengthens patent protection for brimonidine monotherapy in treating conjunctival hyperemia and establishes important precedent for claim construction based on prosecution history.