In Koninklijke Philips Electronics N.V. v. Cardiac Science Operating Company, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the United States District Court for the Western District of Washington’s (“District Court”) order dismissing Koninklijke Philips Electronic’s (“Philips”) complaint with prejudice.

The District Court affirmed the Board of Patent Appeals and Interferences’ (the “Board”) decisions, finding its “reasons for denying or dismissing each motion were grounded in the application of the Board’s own procedures and regulations.” On appeal, the CAFC reversed and remanded the District Court’s decision. The CAFC held that the District Court improperly dismissed Philips’ complaint sua sponte, thereby entering a de facto summary judgment; wrongly dismissed Philips’ claim that the Board erroneously applied 37 C.F.R. §41.200(b); and improperly dismissed Philips’ claim that the Board erred in denying its contingent motion to find several of the competing applicant’s claims anticipated or obvious. Continue Reading

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