Federal Circuit disposition — 24-2040

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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In Re MEDTRONIC, INC.,
Appellant
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2024-2040
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Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. 16/436,012.
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ON MOTION
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Before D YK , CUNNINGHAM, and STARK , Circuit Judges.
CUNNINGHAM, Circuit Judge.
O R D E R
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: 1 Filed: 01/13/2025

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IN RE MEDTRONIC, INC. 2
agency to withdraw the pending patent eligibility rejec-
tions,” id.1
Upon consideration thereof,
IT IS O RDERED 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.
January 13, 2025
Date
FOR THE C OURT
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.
Case: 24-2040 Document: 14 Page: 2 Filed: 01/13/2025

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