In Natural Alternatives International, Inc. v. Iancu., No. 2017-1962 (Fed. Cir. Oct. 1, 2018), the CAFC affirmed the PTAB's priority determination invalidating Natural Alternative's patent directed to a human dietary supplement that increases the anaerobic working capacity of muscle and other tissues. The CAFC held that amendments made to a parent application's priority claim can affect the child application's priority claim, thus allowing earlier-filed applications in the family to be cited as prior art against the later-filed child application. Further discussion of this decision can be found on Finnegan's Federal Circuit IP Blog.
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