THORNE RESEARCH, INC. v. TRUSTEES OF DARTMOUTH COLLEGE , No. 23-1055 (Fed. Cir. 2023)
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Case: 23-1055 Document: 25 Page: 1 Filed: 12/18/2023 NOTE: This order is nonprecedential.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. IPR202100491. ______________________ Before PROST, HUGHES, and STOLL, Circuit Judges. PER CURIAM. ORDER 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). Case: 23-1055 Document: 25 Page: 2 Filed: 12/18/2023 2 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 IPR202100491 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
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