In a patent infringement suit involving a cardiac defibrillator, district court's sua sponte dismissal of plaintiff-Philips' suit against the defendant is reversed and remanded where: 1) the district court ignored plaintiff's request to present new evidence and never heard its argument that its patent had priority, the court did not give plaintiff a full and fair opportunity to ventilate the issues raided in its complaint and improperly entered summary judgment under Ninth Circuit law, and because the parties genuinely disputed issues of material fact as to written description and anticipation; and 2) the district court erred in holding that the Board can apply 37 C.F.R. section 41.200(b) and disregard the original disclosure when a patentee challenges an applicant's written description in an interference proceeding.
Appealed from: United States District Court for the Western District of Washington
Decided January 5, 2010
Opinion by Gajarsa, Circuit Judge