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

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

Park B. Smith, Inc. v. CHF Industries, Inc., 309 F. App'x 411 (Fed. Cir. 2009)

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.

Reference

Full Case Name: PARK B. SMITH, INC. v. CHF INDUSTRIES, INC.
Status: Published