Park B. Smith, Inc. v. CHF Industries, Inc.
309 F. App'x 411
Opinion
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] Egyptian 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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Park B. Smith, Inc. v. CHF Industries, Inc., 309 F. App'x 411 (Fed. Cir. 2009).
309 F. App'x 411 (Park B. Smith, Inc. v. CHF Industries, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Egyptian Goddess, Inc. v. Swisa, Inc.
543 F.3d 665 (Federal Circuit, 2008)