Defendant argues for a verbal construction but plaintiff contends that illustrations will suffice. “To be back with Hyper is a great opportunity that I’m very excited about to, say the least,”said E.C.. “To be handed the keys to the castle with the task of building a high end line of mountain hyper bike bikes for the Hyper brand is both a big responsibility and honor. I will still be on the bike at all scheduled events but my role will be more directed toward educating riders about our products and growing the brand at a grass roots level, rather than focusing solely on results”.
The element-by-element approach to claim construction proposed by defendant, while perhaps not specifically proscribed, invites the kind of myopic, restrictive approach to the infringement analysis which the Federal Circuit has found to be “untethered from the ordinary observer inquiry” and therefore error. Ethicon, 796 F.3d at 1335 (citing Amini Innovation Corp. v. Anthony Cal., Inc., 439 F.3d 1365 (Fed Cir. 2006) ). See Egyptian Goddess, 543 F.3d at 680 (admonishing district courts to “recognize the risk” of a verbal description that may place undue emphasis on certain features in lieu of the design as a whole”). This case arises out of the alleged infringement by the defendant Hyper Bicycles (“Hyper” or “the defendant”) of two design patents held by the plaintiff, Fa-Hsing Lu (“the plaintiff”).
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On October 20, 2021, the Court held a Markman hearing with respect to the claim construction to be applied to the design patents. The ‘842 and ’642 patents are both design patents which pertain to bicycles and, in particular, the ornamental design of two bicycles. The patents claim the design shown in their respective figures one through seven.
Only one bicycle tire can claim the title of winningest tire of 2023. The Vittoria Corsa PRO achieved what seemed impossible to accomplish in one season, winning Milano-Sanremo, Paris-Roubaix, Giro… The Vittoria Corsa PRO achieved what seemed impossible to accomplish in one season, winning Milano-Sanremo, hyper bike Paris-Roubaix, Giro d’Italia, Tour de France, La Vuelta, and Road World Championships. By taking innovation to the next level and creating the world’s best tires,we’re on that journey too. It’s widely accepted that the larger the scale on which something is produced, the cheaper it can be done.
To commemorate this golden year, Vittoria introduces the limited-edition Corsa PRO Gold adorned with golden sidewalls. Only 2,023 packs will be available worldwide, each containing two Corsa PRO Gold tires. “SMALL DETAILS. BIG DIFFERENCE. With this concept hyper mountain bike came the genesis of Avid, which you can still see in every product we make. Since 1991, Avid has been working hard to bring you the industry’s most dramatic improvements and make enhancements so sweet it’s hard to imagine riding without them.”
These riders trust Hyper Bicycles frames for their quality and performance, and we’re proud to offer them to our customers. The rainbow shines on the new Vittoria Barzo and Mezcal UCI-licensed mountain bike cross-country tires. The design process has to be carried out for each size and material as too does the testing of them. As far as the manufacturer is concerned having the right jigs, moulds, presses, and tooling for each model and size all cost additional money.
Although cosmetically things will change, a lot of the underpinnings of the motorbike will either be the same, similar, or have seen a steady refinement over the years. Designing, testing, and refining these new products takes a considerable amount of research and development, which all costs money. The Court adopts this construction without prejudice to its ultimate jury instruction on functional versus ornamental elements or any other related factors.