Case: 24-2040 Document: 14 Page: 1 Filed: 01/13/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

In Re MEDTRONIC, INC., Appellant ______________________

2024-2040 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 16/436,012. ______________________

ON MOTION ______________________

Before DYK, CUNNINGHAM, and STARK, Circuit Judges. CUNNINGHAM, Circuit Judge. ORDER Medtronic, Inc. appeals from a decision of the Patent Trial and Appeal Board affirming the examiner’s rejection of certain patent application claims as patent ineligible un- der 35 U.S.C. § 101. The Director of the United States Pa- tent and Trademark Office (“PTO”) now states that the claims “should not have been rejected as patent ineligible,” ECF No. 12 at 3, and moves unopposed to waive the re- quirements of Federal Circuit Rule 27(f), to vacate the Board’s decision, and to remand the case “to allow the Case: 24-2040 Document: 14 Page: 2 Filed: 01/13/2025

2 IN RE MEDTRONIC, INC.

agency to withdraw the pending patent eligibility rejec- tions,” id. 1 Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The Board’s decision is va- cated, and the case is remanded to the PTO for further con- sideration consistent with the motion and this order. (2) Each side shall bear its own costs. FOR THE COURT

January 13, 2025 Date

ISSUED AS A MANDATE: January 13, 2025

1 After the motion was filed, the Acting Director of the United States Patent and Trademark Office was sub- stituted as the appellee in this case.