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NATURAL ALTERNATIVES INTERNATIONAL, INC. v. IANCU

2017-1962.

904 F.3d 1375 (2018)

NATURAL ALTERNATIVES INTERNATIONAL, INC., Appellant v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: October 1, 2018.

Attorney(s) appearing for the Case

SCOTT A. M. CHAMBERS , Porzio, Bromberg & Newman, PC, Washington, DC, argued for appellant. Also represented by RICHARD J. OPARIL , KEVIN M. BELL , BILLY DELL CHISM ; MATTHEW ZAPADKA , Bass, Berry & Sims, PLC, Washington, DC.

MARY L. KELLY , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by THOMAS W. KRAUSE , ROBERT J. McMANUS , AMY J. NELSON .

Before Prost, Chief Judge, Moore and Reyna, Circuit Judges.

Woodbolt Distributors, LLC ("Woodbolt") requested that the United States Patent and Trademark Office ("PTO") reexamine U.S. Patent No. 8,067,381 ("the '381 patent") owned by Natural Alternatives International, Inc. ("NAI"). The PTO ordered inter partes reexamination, and the examiner rejected the challenged claims as anticipated...

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