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Federal Circuit Remands to USPTO to Clarify Analysis of Jepson-Format and Means-Plus-Function Claims in the Field of Biotechnology
On January 23, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its decision granting the USPTO’s request to remand Xencor’s appeal of the rejection of U.S. Patent App.

Federal Circuit Remands to USPTO to Clarify Analysis of Jepson-Format and Means-Plus-Function Claims in the Field of Biotechnology
On January 23, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its decision granting the USPTO’s request to remand Xencor’s appeal of the rejection of U.S. Patent App.

Life Sciences Companies Make Up a Small Portion of the Companies Opting-In to the Unitary Patent; Ireland Announces Referendum Date
Life sciences companies continue to make up a small portion of the companies registering for Unitary Patents. Per the European Patent Office’s statistics portal, as of January 30, 2024 there have been 18,721 registered Unitary Patents. The Uptake Rate is 17.5%. Of...

Playing the ‘What If’ Game When Reviewing Fintech–Bank Partnership Agreements
You have to play the “What If” game when reviewing bank partnership agreements for fintech companies. This game is a pressure-testing exercise, asking yourself as you read through program and platform agreements whether there is adequate contractual coverage if...

Federal Reserve Announces the Bank Term Funding Program will Cease Making New Loans as Scheduled on March 11
Regulatory Developments Federal Reserve Announces the Bank Term Funding Program will Cease Making New Loans as Scheduled on March 11On January 24, the Federal Reserve announced that the BTFP, launched in response to the Silicon Valley Bank and Signature Bank failures...

How Different Funds Approach Hurdle Rate Calculations
In a recent piece in this series, our colleagues showed that funds set hurdle rates differently depending on the asset class. Funds also use different approaches for calculating hurdle rates. Funds typically use one of three main approaches to calculate the hurdle:...