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Is Your Claim Open or Closed? Claim Construction Takes on a New Meaning in Eye Therapies, LLC v. Slayback Pharma, LLC

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On June 30, 2025, the Federal Circuit issued a precedential decision in Eye Therapies, LLC v. Slayback Pharma, LLC, reversing the...

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On June 30, 2025, the Federal Circuit issued a precedential decision in Eye Therapies, LLC v. Slayback Pharma, LLC, reversing the Patent Trial and Appeal Board’s (PTAB’s) claim construction of the phrase “consisting essentially of,” as recited in the claims of issued U.S. Patent No. 8,293,742 (hereafter, “the ’742 patent”).Read the <a href="https://lifesciences.mofo.com/topics/is-your-claim-open-or-closed-claim-construction-takes-on-a-new-meaning-in-eye-therapies-llc-v-slayback-pharma-llc" target="_blank">full blog post</a>.

Is Your Claim Open or Closed? Claim Construction Takes on a New Meaning in Eye Therapies, LLC v. Slayback Pharma, LLC

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Marisa Sanders is an associate in Morrison Foerster’s New York office and a member of the firm’s Patent Strategy and Prosecution Group.Marisa’s practice focuses on patent preparation, prosecution, and counseling.Before joining Morrison Foerster, Marisa served as a registered patent agent at an Am Law 50 law firm. In this role, she drafted patent applications in a broad array of fields, including pharmaceuticals, life sciences, and materials science. Marisa also performed freedom-to-operate and patentability investigations, and drafted responses to USPTO and foreign office actions. Marisa additionally counseled clients on patent portfolio strategy, conducted chemical structure searches using databases such as STN and SciFinder, and served on the firm’s Patent Optimization Committee. Marisa participated in Morrison Foerster’s summer associate program, during which she supported the Patent Practice Group.Marisa obtained her Ph.D. in chemistry and materials science from Princeton University. During her graduate studies, Marisa investigated the magnetic properties of novel oxide and fluoride compounds and synthesized new materials with applications in batteries, quantum computers, clean energy, and magnetic storage devices.Marisa currently serves as vice-chair of the American Chemical Society’s Committee on Ethics and is a member of the New York Society of Cosmetic Chemists and the New York Intellectual Property Law Association.Marisa received her J.D. magna cum laude from Seton Hall University School of Law, where she served on the Moot Court Board and was elected to the Order of the Coif. She received her Ph.D. from Princeton University in chemistry and materials science and her B.S. magna cum laude in chemistry with a minor in English from The College of New Jersey, where she was elected to Phi Beta Kappa.

Marisa Sanders

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Mark D. McBriar focuses his practice on patent drafting and prosecution, IP due diligence, freedom to operate, patentability evaluations, re-examinations, and litigation support. Dr. McBriar works with pharmaceutical and life sciences companies on small molecule pharmaceutical compounds, synthetic methods, drug discovery, and methods of treatment.Dr. McBriar drafts and prosecutes U.S. patent applications and directs foreign patent prosecution relating to various pharmaceutical and biotechnology matters. He conducts freedom-to-operate, invalidity, non-infringement, and patentability studies for clients, as well as due diligence portfolio evaluations.Dr. McBriar works with technologies that include small molecule anti tumor, cardiovascular, and central nervous system pharmaceuticals; radiolabeled imaging agents; and veterinary and agricultural pesticides. He also works on innovations in the fields of organic chemistry, including small molecule discovery scale and process scale synthesis, and medical devices, including cardiovascular valve repair devices and stents.Prior to joining the firm, Dr. McBriar was Special Counsel at another major international law firm, where he directed prosecution of chemistry and pharmaceutical patent prosecution, provided support in ANDA and biosimilar litigation, and performed due diligence and patent strategy counseling for clients in the life sciences industry.Dr. McBriar was previously an Associate Principal Scientist and, before that, a Senior Research Scientist with the Cardiovascular/Central Nervous System Discovery Chemical Research at the Schering-Plough Research Institute (now known as Merck). There, he designed, synthesized, and optimized central nervous system preclinical drug candidates for Alzheimer’s and anti-obesity therapeutics.Dr. McBriar also worked as an assistant scientist with the Cardiovascular Discovery Research at Rhone-Poulenc Rorer (now known as Sanofi-Aventis), where he synthesized peptidomimetics and non-peptide enzyme platelet aggregation inhibitors for cardiovascular therapies.During his doctoral studies at the University of Pennsylvania, Dr. McBriar's focused on asymmetric total synthesis of Spongistatin 1, a potent anti-tumor marine marcolide natural product.Dr. McBriar earned his B.S. in chemistry, cum laude, from Dickinson College, where he conducted independent research in which he initiated an organometallic-based approach to the synthesis of the analgesic cyclomethicaine, as well as participated in the design of a software application using the Kalman filter technique to improve signal to-noise ratios in analysis of atomic absorption spectra.