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PARK B. SMITH, INC., Plaintiff-Appellant, v. CHF INDUSTRIES, INC., Defendant-Appellee

United States Court of Appeals for the Federal Circuit2009-02-06No. No. 2008-1320
309 F. App'x 411

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Opinion

majority 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 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.