Federal Circuit Revives Canceled Patent Behind Bausch Eye Drop

The Federal Circuit on Monday reversed a generic drugmaker’s successful administrative challenge of a patent covering Bausch & Lomb Inc. eye-redness treatment product Lumify.

The Patent Trial and Appeal Board misinterpreted the term “consisting essentially of,” as it’s used in US Patent No. 8,293,742, as describing an eye-drop invention including a low dose of brimonidine, either by itself or along with other active agents, the US Court of Appeals for the Federal circuit ruled in a precedential opinion.

District Judge Mark C. Scarsi of the Central District of California, who sat on the three-judge appeals court panel by ...