A Claim Referring to the Bayh-Dole Act Does Not Arise Under the Patent Laws

Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Inc., [2007-1026, 1033](October 24, 2007)[MAYER, GAJARSA, RESTANI] NON-PRECEDENTIAL The Federal Circuit transferred an appeal for lack of subject matter jurisdiction.
BRIEF: The Complaint in the action mentioned the Bayh-Dole Act, 35 USC 200. The Federal Circuit held that the "mere inclusion in Title 35 of the United States Code does not make a statute a patent law under which a claim may arise." Furthermore, the Federal Circuit found that the Complaint neither proposes that the Act creates the cause of action, or that their right to relief depends upon the resolution of a substantial question of patent law. The appeal was transferred to the Seventh Circuit.