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.

BraintreeJune11REV

Regards,
Hal

 

 

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