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 ).
Horizontal and vertical runs were installed, including precast Stub-Ups containing rigid galvanized conduits. Installed in front of a bank entrance, RED-E-DUCT was used in conjunction with cast-in-place duct bank to significantly reduce construction time. Speed of installation reduced the impact to local businesses. Our RED-E-DUCT engineering and design teams are committed to making sure you get precisely the products you need to design and complete your project exactly as you envisioned. The Court adopts this construction without prejudice to its ultimate jury instruction on functional versus ornamental elements or any other related factors.
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.”
“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.” 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 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. On the performance side of things, the Ultra is fairly decent, packing a 250W hub-integrated motor. This motor is capable of propelling this electric two-wheeler to a top speed of 20 miles per hour with pedal assist.
“Life is more than meetings and traffic. It’s about appreciating the beauty in every day. Whether you’re going out with friends, running errands or just need a little fresh air, some of life’s best things are found right outside your front door. At Civia we design bikes, accessories and clothes to get you around your neighborhood in comfort and style.” View your cart to change product quantities, apply deal codes, hyper bicycles or checkout. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles.
After parting ways with longtime bike sponsor Felt earlier this week, Scotty Cranmer announced on Saturday that he was joining New Jersey based brand hyper mountain bike. 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. The first step, known as claim construction, is an issue of law for the court to decide.
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.