Tag: issue preclusion
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Inland Diamond Prods v. Cherry Optical: PTAB Fact Findings Do Not Preclude District Court Validity Challenges
On October 15, 2025, the Federal Circuit vacated and remanded a summary judgment of invalidity in Inland Diamond Products Co. v. Cherry Optical Inc., No. 24-1106, holding that the district court improperly applied issue preclusion based on prior PTAB inter partes review decisions. The ruling reinforces a principle the court has been developing with increasing…
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Eye Therapies, LLC v. Slayback Pharma, LLC: “Consisting Essentially Of” Precludes Other Active Ingredients
In a significant reversal for the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB), in Eye Therapies, LLC v. Slayback Pharma, LLC the Federal Circuit on June 30, 2025, held that the Board erred in its construction of the transitional claim phrase “consisting essentially of” as used in Eye Therapies, LLC’s U.S.…