Opinion
2023-1055
12-18-2023
THORNE RESEARCH, INC., Appellant v. TRUSTEES OF DARTMOUTH COLLEGE, Appellee
This order is nonprecedential.
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.
ORDER
PER CURIAM
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).
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.