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We have had two recent cases in which letters of intent arguably crossed the line to become commitment letters without all the protections that would normally be in a commitment letter. LOI language like "the bank is not obligated to make a loan unless." make lawyers shudder. That language should never appear in a LOI. You never want an LOI to even suggest that the bank is obligated to make a loan.
The cloud of uncertainty over patent eligibility of patents for medical diagnostic methods remains. On Monday, the Supreme Court declined the opportunity to revisit patent eligibility under its two-step Mayo test when it denied certiorari in Athena Diagnostics v. Mayo Collaborative Services — a case in which the en banc Federal Circuit panel split 7 to 5 on whether medical diagnostic inventions, such as the one at issue in Athena , are patent eligible under Mayo.
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