Opinion · United States Court of Appeals for the Federal Circuit

PARK B. SMITH v. CHF INDUSTRIES, INC., 309 Fed.Appx. 411 (Fed. Cir. 2009)

PARK B. SMITH, INC., Plaintiff-Appellant, v. CHF Indus., INC.,Defendant-Appellee., 309 F. App'x 411 (Fed. Cir. 2009)

Type
Opinion
Court
United States Court of Appeals for the Federal Circuit
Jurisdiction
Federal
Date
2009-02-06
Topic
general

PARK B. SMITH v. CHF INDUSTRIES, INC., 309 Fed.Appx. 411 (Fed. Cir. 2009) PARK B. SMITH, INC., Plaintiff-Appellant, v.

Citator

UpLaw has not yet analyzed PARK B. SMITH v. CHF INDUSTRIES, INC., 309 Fed.Appx. 411 (Fed. Cir. 2009). The absence of a flag is not a finding that it is good law.

PARK B. SMITH v. CHF INDUSTRIES, INC.,309 Fed.Appx. 411(Fed. Cir. 2009)
PARK B. SMITH, INC., Plaintiff-Appellant, v. CHF INDUSTRIES, INC.,
Defendant-Appellee.
No. 2008-1320.
United States Court of Appeals, Federal Circuit.
February 6, 2009.
Appeal from the United States District Court for the Southern District of New York in case no. 06-CV-0869, Lawrence M. McKenna, Senior Judge.
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.
Before MAYER, SCHALL, and GAJARSA, Circuit Judges.
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 byPage 412Egyptian Goddess, Inc. v. Swisa, Inc.,543 F.3d 665(Fed. Cir. 2008) (en banc). Accordingly, the judgment of the district court is vacated and the case is remanded for reconsideration and further proceedings as appropriate in light ofEgyptian Goddess.
COSTS
Each side shall bear its own costs.VACATED AND REMANDED.
  1. [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] ↩