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NOTE: This order is nonprecedential.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