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Eye Therapies v. Slayback: Federal Circuit Abandons Standard Transition Construction
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Eye Therapies v. Slayback: Federal Circuit Abandons Standard Transition Construction
by Dennis Crouch Eye Therapies v. Slayback offers a concerning example of the Federal Circuit departing from well-established patent claim construction doctrine. In this case, the court abandoned the standard interpretation of the transitional phrase "consisting essentially of" after finding that the patentee's prosecution statements created sufficient grounds to narrow claim scope. As I explain below, in my opinion, this result conflicts with …
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