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). hyper bike 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 ).
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E-bikes are here to stay, without a question, and as a result, a limitless selection of devices that claim to be the greatest of their kind have emerged. One company, Hyper Bike Co., aims to increase market access to e-biking by providing reasonably priced and decently equipped electric bikes. We previously talked about its E-Ride eMTB, which retails for just $1,500 USD.
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.
It also features a flush-mounted front battery and a charger, and it charges in approximately 4 hours and runs for about 20 miles. This bike has 6 different speeds and an LED display which makes it easy to read and change speeds. The parties disagree as to whether the Court should provide a verbal construction of the claimed design at all, or should instead advert to the pictorial representation hyper bike thereof as shown in figures one through seven of each patent. Defendant argues for a verbal construction but plaintiff contends that illustrations will suffice. 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.
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.”
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.
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”). Founded in 1990 by Goldsmid, Hyper initially began producing high end race frames. Through the years, the brand boasted names such as BMX race pro Eric Carter, and eventually expanded to include a mountain bike and freestyle team. Today, riders for Hyper include Mike Spinner, Mike Fede (freestyle) and Donny Robinson (race).
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 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.
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