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

Federal Circuit

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

309 F. App'x 411

CourtCourt of Appeals for the Federal Circuit

DecidedFebruary 6, 2009

DocketNo. 2008-1320

StatusPublished

This text of 309 F. App'x 411 (Park B. Smith, Inc. v. CHF Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinion

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 [412]*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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