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. Philips timely appealed the district court’s order dismissing Philips’ complaint with prejudice. We reverse and remand with instructions as outlined below.
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