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NOTE: This order is nonprecedential.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
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 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
