Claim construction proceeds differently with respect to design patents. Design patents are typically claimed as shown in drawings, and claim construction is adapted accordingly. Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 679 (Fed. Cir. 2008) (citation omitted). The Federal Circuit has instructed that a design patent’s claim is often better represented by illustrations than a written claim construction. Sport Dimension, Inc. v. Coleman Co., 820 F.3d 1316, 1320 (Fed. Cir. 2016) (citing Egyptian Goddess, 543 F.3d at 679 ).
Consequently, the preferable course for a district court ordinarily will be not to attempt to “construe” a design patent by providing a detailed verbal description of the claimed design. Defendant rejoins that a verbal construction of claims explicitly excluding functional elements, as it has proposed, is more appropriate. 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 the Federal Circuit, reviewing the verbal construction of a design patent, approvingly concluded that the lower court had followed the Egyptian Goddess standard “to a tee”. Defendant submits that Lanard controls the present case, or at least provides more authoritative guidance than DePaoli and Reddy. 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.
Hyper also produces low-end replica signature bikes for Spinner and Robinson which retail for under $150 and are available at Walmart. 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”). On October 20, 2021, the Court held a Markman hearing with respect to the claim construction to be applied to the design patents.
While not suitable for intensive riders, too difficult trails and rough terrain, the brand proves to be an excellent value for money for the less demanding, who are just starting out or simply don’t have a need for a high end bike to have fun. If a product is determined to be covered by the Limited Warranty, hyper mountain bike, Inc. will, wither repair or replace the frame and will pay the shipping charges to ship the repaired or replacement product back to you. […] the Limited Warranty lasts for as long as the original purchaser owns the frame. Please note, a stock image is included to provide you with a visual snapshot of this item that we could not capture otherwise. “Brooks England is steeped in history, a prestige brand that boasts almost 150 years of tradition and expertise. But quality and style never age. Do come in and take a seat.”
Cranmer and Hyper will begin plans on a signature model BMX frame and line of complete bicycles. The frame pictured above is Cranmer’s first prototype, handmade at the Hyper factory in Maryland. “I have been a friend and fan of Scotty’s for years and am very happy to have him on our Team. He is exactly the kind of fierce competitor and quality individual that we want on a Hyper,” added Hyper CEO Clay Goldsmid. On September 23, 2020, Fa-Hsing Lu, a citizen and resident of Taiwan, Republic of China, filed a patent infringement suit against Hyper Bicycles, Inc., a Massachusetts corporation with its principal place of business in New Jersey. Of course, a bicycle remains reliable if it is used as designed. Make sure you use your machine properly and maintain it regularly.
The 32 years old brand is mainly known for the production of components, high-end competitive BMX frames. The founder, Clay Goldsmid, was himself a former BMX pro. After a great success in the BMX field and a first convincing experience in the mass market bike industry. The brand decided to enter the world of mountain biking with one of their first sponsored athletes during the BMX era, Eric Carter, who had converted to mountain biking after a successful BMX career. “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.”
Because the proverbial picture is worth one thousand words, the Court attaches a demonstrative example of each claimed 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. In the intervening years Hyper has maintained its position as a leader in BMX, with a full line of products for racing and freestyle riders.
The ABC Threadless Alloy Cupped Headset is a press in style 1-1/8″ headset made up of an aluminum and steel construction. Featuring steel cups with… The first rider-owned company, SE Racing, becomes a major hyper bicycles force in the BMX industry thanks to Scott Breithaupt. With fast charging included, you get 132 miles back in just 30 minutes. Plug in at all compatible locations with Level 1, 2 & CCS on-board chargers.