Because the proverbial picture is worth one thousand words, the Court attaches a demonstrative example of each claimed design. In analyzing a patent infringement action, the Court must 1) determine the meaning and scope of the patent claims asserted to be infringed and 2) compare the properly construed claims to the infringing device. Markman v. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed. Cir. 1995) (en banc), aff’d, 517 U.S. 370, 116 S.Ct.
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What are your thoughts on the cost of bikes and do you think that things have gone too far? If you are in the market for a new bike or anything else cycling-related make sure to head over to our dedicated buying guide page for all the information you could possibly need. Ultimately as consumers, we have the ability to vote with our money on what we are willing to buy and how much we are willing to pay for it. Although the rising cost of superbikes does not directly affect most of us, they do appear to be dragging the prices of lower-spec bikes up with them too. Motorbikes, on the other hand, have reached something of a plateau in terms of big step changes in development. A motorbike made in 2023 is going to be very similar to one made in 2003.
The question in this case, therefore, is primarily the “level of detail” to be used in describing the claimed design, i.e. whether the Court should advert to the illustrations in the design patent or undertake an element-by-element description thereof. Resting on Reddy and DePaoli, plaintiff requests that the Court reject defendant’s proposed construction and reserve any issues of functionality for a later time. Lu brings suit for two counts of patent infringement of United States patents numbers US D529,842 S (“the ’842 patent”) and US D556,642 S (“the ’642 patent”), each of which relates to the ornamental design of a bicycle. Plaintiff seeks judgment that hyper bicycles has infringed the two patents in violation of 35 U.S.C. § 271, damages to compensate plaintiff for the infringement, trebled under 35 U.S.C. § 284 due to the willfulness of the alleged infringement and attorney’s fees under 35 U.S.C. § 285. “Park Tool has been manufacturing bicycle specific tools since 1963. Based out of St. Paul Minnesota, we are the world’s largest bicycle tool manufacturer. A long-term dedication to quality, innovation, and customer service has made Park Tool the first choice of professional and home bicycle mechanics around the world.” Feel the racing passion of the UCI Mountain Bike World Cups with the new Barzo and Mezcal UCI-licensed editions, the new tire options dedicated to all sports & leisure cross-country mountain bikers.
Not long ago bikes costing £/$/€10,000 we deemed to be hyperbikes and now for some brands they aren’t even the top tier offering. Plaintiff’s approach hews more closely to precedent, especially that of this district. As acknowledged by Judges Young and Woodlock, however, in Reddy and DePaoli, it would be well within the Court’s discretion to provide some verbal construction at a reduced level of detail than that proposed by defendant. One of the beautiful things about our sport is the ability to ride on the same roads as the pros and – if you have the desire – the same kit. With deep enough pockets, you can buy the exact bikes that the best riders in the world use at races like the Tour de France. Although they may be eye wateringly expensive, the fact that you can ride exactly what the best in the world do is not something that can be said about motorbikes.
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.