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 mountain bike (“Hyper” or “the defendant”) of two design patents held by the plaintiff, Fa-Hsing Lu (“the plaintiff”).
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 hyper bicycles 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.
On the surface, this does the opposite of justifying the cost of bikes. Founded in 2008, Winspace have been designing, building and racing carbon fiber bikes for over a decade. Based in Xiamen, China we have the advantage of being at the heart of the carbon fiber industry. Our international team brings expertise in engineering and design. Hyper Bicycles has a long history in the sport of BMX, including a National Pro Championship in 1993, delivered by Eric Carter. This early success helped to establish Hyper as a major player in BMX.
“Finish Line has everything a cyclist needs for taking care of their bike and making sure it performs at its peak potential. These products range from bicycle chain lubricants to drivetrain degreasers, from bike washes, specialty brushes and chain cleaning tools, to fluorinated bearing greases and specialty suspension and brake fluids.” “Since 1993 Lizard Skins has created products to meet the needs and wants of cyclists around the world. With a wide variety of cycling products, from its well-known chainstays to its gripping bar tape, Lizard Skins has everything you need to make the most of your ride. Our mission is to protect the bike and rider while making the ride more enjoyable.” Worlds’ first carbon-neutral facility of high performance and sustainable bicycle tires
As part of its ambitious growth and investment plans to continue to supply cyclists with the most advanced an…
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 hyper bicycles 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.
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.
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 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.”
When considering complaint information, please take into account the company’s size and volume of transactions, and understand that the nature of complaints and a firm’s responses to them are often more important than the number of complaints. “CatEye is the leading manufacturer of cycle computers, lights and reflectors to cyclists in the world. Founded in 1954 in Osaka, Japan, CatEye has always been a leader in innovation and technology.”