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.,… Continue reading Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68
Tag: fahsing
Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68
It observes that the Federal Circuit in Egyptian Goddess stated that it may be helpful for the court to point out various features of the claimed design as they relate to the accused design and the prior art. 543 F.3d at 680. It then cites Lanard Toys, Ltd. v. Dolgencorp, LLC, a case in which… Continue reading Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68
Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68
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.… Continue reading Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68