NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
In Re MEDTRONIC, INC.,
Appellant 2024-2040
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 16/436,012.
ON MOTION
Before DYK, CUNNINGHAM, and STARK, Circuit Judges.
O R D E R
Medtronic, Inc. appeals from a decision of the Patent Trial and Appeal Board affirming the examiner’s rejection of certain patent application claims as patent ineligible under 35 U.S.C. § 101. The Director of the United States Patent and Trademark Office (“PTO”) now states that the claims “should not have been rejected as patent ineligible,” ECF No. 12 at 3, and moves unopposed to waive the requirements of Federal Circuit Rule 27(f), to vacate the Board’s decision, and to remand the case “to allow the
22 IN RE MEDTRONIC, INC.
agency to withdraw the pending patent eligibility rejections,” id.1 Upon consideration thereof, IT IS ORDERED THAT:
(1) The motion is granted. The Board’s decision is vacated, and the case is remanded to the PTO for further consideration consistent with the motion and this order. (2) Each side shall bear its own costs.
FOR THE COURT
January 13, 2025 Date ISSUED AS A MANDATE: January 13, 2025