U.S. Court of Appeals for the Federal Circuit, 2009

Park B. Smith, Inc. v. CHF Industries, Inc.

U.S. Court of Appeals for the Federal Circuit · Decided February 6, 2009

309 F. App'x 411

Counsel

Richard A. DePalma, Thompson Hine, LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief was Katheryn M. Ryan, Baker & McKenzie LLP, of New York, New York., Stephen L. Sulzer, Connolly Bove Lodge & Hutz LLP, of Washington, DC, argued for defendant-appellee. With him on the brief was James P. Calve.

Opinion of the Court

PER CURIAM.

The district court’s grant of summary judgment of non-infringement to CHF Industries, Inc. was based upon the point of novelty test, which was eliminated by *412Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed.Cir. 2008) (en bane). Accordingly, the judgment of the district court is vacated and the case is remanded for reconsideration and further proceedings as appropriate in light of Egyptian Goddess.

COSTS

Each side shall bear its own costs.

VACATED AND REMANDED.

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