NATURAL ALTERNATIVES INTERNATIONAL INC v. IANCU (2018)

Woodbolt Distributors, LLC (“Woodbolt”) requested that the United States Patent and Trademark Office (“PTO”) reexamine U.S. Patent No. 8,129,422 (“the '422 patent”) owned by Natural Alternatives International, Inc. (“NAI”). The PTO ordered inter partes reexamination, and the examiner rejected the challenged claims as anticipated by or obvious over cited prior art, including a parent of the reexamined patent. NAI appeals the Patent Trial and Appeal Board’s (“Board”) final determination affirming the examiner’s rejections and its subsequent denial of NAI’s request for rehearing.

The '422 patent issued from the seventh U.S. application in a chain of eight U.S. applications generally directed to increasing athletes’ endurance. This opinion addresses NAI’s priority challenge as to the '422 patent. Our companion opinion, Natural Alternatives International, Inc. v. Matal, No. 17-1962, addressed NAI’s priority challenge as to the patent issuing from the eighth application—U.S. Patent No. 8,067,381 (“the '381 patent”).

Because the facts and procedural history in the two cases are substantially identical, we do not repeat our discussion of those topics here. Regarding the merits of this appeal, we affirm the Board’s final determination and its denial of NAI’s request for rehearing for the reasons stated in our companion opinion.

AFFIRMED

Prost, Chief Judge.