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KONINKLIJKE PHILIPS ELEC. N.V. v. CARDIAC SCIENCE

No. 2009-1241.

590 F.3d 1326 (2010)

KONINKLIJKE PHILIPS ELECTRONICS N.V., Plaintiff-Appellant, v. CARDIAC SCIENCE OPERATING COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 5, 2010.

Attorney(s) appearing for the Case

J. Michael Jakes, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief were James F. Sherwood; and Lily Lim, of Palo Alto, CA.

Eric H. Chadwick, Patterson, Thuente, Skaar & Christensen, P.A., of Minneapolis, MN, argued for defendant-appellee. With him on the brief was Aaron W. Davis.

Before MICHEL, Chief Judge, FRIEDMAN, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Koninklijke Philips Electronics N.V. ("Philips") appeals from the United States District Court for the Western District of Washington's sua sponte dismissal of Philips' civil suit against Cardiac Science Operating Co. ("Cardiac Science"). Pursuant to 35 U.S.C. § 146, Philips sought review in the district court of the Board of Patent Appeals and Interferences' (the "Board") interference decision...

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