NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
THORNE RESEARCH, INC.,
Appellant
v.
TRUSTEES OF DARTMOUTH COLLEGE,
Appellee
2023-1055
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2021-00491.
Before PROST, HUGHES, and STOLL, Circuit Judges.
O R D E R
The parties file a joint statement noting that this appeal is moot in view of ChromaDex, Inc. v. Elysium Health, Inc., 59 F.4th 1280 (Fed. Cir. 2023), cert. denied (Oct. 16, 2023) (affirming patent-ineligibility of the claims at issue here). The parties also request that “the decision on appeal . . . be vacated and remanded with instructions” to dismiss. ECF No. 24 at 3; see Apple Inc. v. Voip-Pal.com, Inc., 976 F.3d 1316, 1321 (Fed. Cir. 2020).
22 THORNE RESEARCH, INC. v. TRUSTEES OF DARTMOUTH COLLEGE
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The appeal is dismissed as moot, the final written decision of the Patent Trial and Appeal Board in IPR2021-00491 is vacated, and the case is remanded to the United States Patent and Trademark Office with instructions to dismiss IPR2021-00491 as moot.
(2) Each party shall bear its own costs.
FOR THE COURT
December 18, 2023 Date ISSUED AS A MANDATE: December 18, 2023