Case: 23-2390 Document: 22 Page: 1 Filed: 03/04/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DAIICHI SANKYO, INC., ASTRAZENECA PHARMACEUTICALS LP, Plaintiffs-Appellants v. UNITED STATES PATENT AND TRADEMARK OFFICE, KATHERINE K. VIDAL, in her official capacity as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendants-Appellees ______________________ 2023-2390 ______________________ Appeal from the United States District Court for the Eastern District of Virginia in No. 1:21-cv-00899-LMB- JFA, Judge Leonie M. Brinkema. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).

Case: 23-2390 Document: 22 Page: 2 Filed: 03/04/2024

2 DAIICHI SANKYO, INC. V. PTO

(2) Each side shall bear their own costs.

FOR THE COURT

March 4, 2024 Date

ISSUED AS A MANDATE: March 4, 2024