NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2008-1320
PARK B. SMITH, INC.,
Plaintiff-Appellant,
v.
CHF INDUSTRIES, INC.,
Defendant-Appellee.
Richard A. DePalma, Thompson Hine, LLP, of New York, New York, 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.
Appealed from: United States District Court for the Southern District of New York
Senior Judge Lawrence M. McKenna
NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2008-1320
PARK B. SMITH, INC.,
Plaintiff-Appellant,
v.
CHF INDUSTRIES, INC.,
Defendant-Appellee.
Appeal from the United States District Court for the Southern District of New York in
case no. 06-CV-0869, Senior Judge Lawrence M. McKenna.
__________________________
DECIDED: February 6, 2009
__________________________
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 by
Egyptian 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 of Egyptian Goddess.
COSTS
Each side shall bear its own costs.
VACATED AND REMANDED