In Braintree Labs., Inc. v. Novel Labs., Inc., __ F.3d __  (Fed. Cir. 2014)(Prost, J.), the principal opinion reached the surprising conclusion that “a” excludes the singular.  One member of the panel explained that:

“The plain and ordinary meaning of ‘a patient’ is one or more patients. * * * ‘A patient,’according to the majority, requires multiple patients, a patient population, or patient class. But there is no plain meaning of ‘a’ that excludes the singular.”

Braintree, __ F.3d at __ (Moore, J., dissenting)(original emphasis)

The third member of the panel had a lengthy opinion on a variety of issues, , __ F.3d at __ (Dyk, J.,  concurring in part, dissenting in part, and concurring in the result)

Petition for Rehearing En Banc:  In support of a petition for rehearing en banc BIO and Pharma have jointly filed an amicus brief.  The brief, together with the opinion by Moore, J., are included in the attachment.





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