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PARK B. SMITH, INC. v. CHF INDUSTRIES INC.

No. 06 Civ. 869(LMM).

811 F.Supp.2d 766 (2011)

PARK B. SMITH, INC., Plaintiff, v. CHF INDUSTRIES INC., Defendant.

United States District Court, S.D. New York.

July 12, 2011.

Attorney(s) appearing for the Case

Peter J. Phillips , Lucas & Mercanti, LLP, New York, NY, for Plaintiff.

James P. Calve , Stephen L. Sulzer , Connolly Bove Lodge & Hutz LLP, Todd P. Taylor , Manatt, Phelps & Phillips LLP, Washington, DC, Joseph V. Saphia , Wiggins and Dana LLP, New York, NY, Rudolf E. Hutz , Connolly, Bove, Lodge & Hutz, Wilmington, DE, for Defendant.

MEMORANDUM AND ORDER

McKENNA, District Judge.

Plaintiff Park B. Smith, Inc. ("PBS Inc.") brought this action, alleging infringement by Defendant CHF Industries, Inc. ("CHF") of two design patents, U.S. Patent Nos. Des. 493, 651 (the "'651 patent") and Des. 505,039 (the "'039 patent"). On March 6, 2008, this Court granted CHF's motion for summary judgment of noninfringement of the '651 and '039 patents...

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