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Articles by Marisa Sanders
Patent Protection Is the Foundation of the Future for Cosmetics
Shifting tariff rates and ongoing legal uncertainty are interfering with production schedules for manufacturers, including the cosmetics industry. • While tariffs and their effects are out of the hands of cosmetics companies, businesses can focus on using patents to safeguard their research and development efforts while maintaining their competitive edge in the market.
Is Your Claim Open or Closed? Claim Construction Takes on a New Meaning in Eye Therapies, LLC v. Slayback Pharma, LLC | JD Supra
On June 30, 2025, the Federal Circuit issued a precedential decision in Eye Therapies, LLC v. Slayback Pharma, LLC,[1] 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”). 1.
A Tip for Improving Your “Improved” Jepson Claim: Include Written Description Support | JD Supra
The Federal Circuit issued a precedential opinion in In re: Xencor, Inc.[1] concerning written support for Jepson claims. The decision affirms the decision of the Appeals Review Panel (ARP) of the USPTO, which held that the pending claims at issue in U.S. Patent Application No. 16/803,690 are unpatentable for lacking written description. Although there were two different claims on appeal in In re: Xencor (a “Jepson claim” and a “method claim”), this blog post will focus only on the Jepson claim. 1.
Federal Circuit Clarifies Requirements for Prior Art Under Pre-AIA 35 U.S.C. § 102(e) | JD Supra
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