Thorne Research, Inc. v. Trustees of Dartmouth College

• Court: Court of Appeals for the Federal Circuit
• Decided: December 18, 2023
• Docket: 23-1055
• Status: Unpublished

Opinion

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NOTE: This order is nonprecedential.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. IPR2021- 00491. ______________________

Before PROST, HUGHES, and STOLL, Circuit Judges. PER CURIAM. ORDER The parties file a joint statement noting that this ap- peal 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

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