NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IN RE AFFINITY LABS OF TEXAS, LLC ______________________

2013-1393 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Reexamination No. 95/001,263. ______________________

JUDGMENT ______________________

CYRUS A. MORTON, Robins, Kaplan, Miller, and Ciresi, L.L.P., of Minneapolis, Minnesota, argued for appellant. Of counsel on the brief was TIMOTHY G. NEWMAN, Larson Newman, LLP, of Austin, Texas.

SCOTT C. WEIDENFELLER, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for intervenor Commis- sioner for Patents. With him on the brief were NATHAN K. KELLEY, Acting Solicitor, and STACY B. MARGOLIES, Asso- ciate Solicitor. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: PER CURIAM (LOURIE, DYK, and WALLACH, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 9, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court