This is flipped on its head in the cycling world, with brands offering multiple different build kits and different frames to accommodate every type of budget, rider, and preference. Some bike brands have over 10 different sizes for the same bike and can even make the same bike out of different materials. That’s nearly three times the amount of motorbikes that were sold over the same period.
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. Hyper has also continued its commitment to the sport by sponsoring riders, teams, as well as being the series title sponsor for several major events. Hyper Bicycles sponsors some of the best riders in the industry, including X Games gold medalist Ryan Williams, Nitro Circus athlete James Foster, and BMX legend Ryan Guettler.
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. Westview Instruments, Inc., 52 F.3d 967, 976 (Fed. Cir. 1995) (en banc), aff’d, 517 U.S. 370, 116 S.Ct.
Although cosmetically things will change, a lot of the underpinnings of the motorbike will either be the same, similar, or have seen a steady refinement over the years. Designing, testing, and refining these new products takes a considerable amount of research and development, which all costs money. The Court adopts this construction without prejudice to its ultimate jury instruction on functional versus ornamental elements or any other related factors.
Defendant argues for a verbal construction but plaintiff contends that illustrations will suffice. “To be back with Hyper is a great opportunity that I’m very excited about to, say the least,”said E.C.. “To be handed the keys to the castle with the task of building a high end line of mountain bikes for the Hyper brand is both a big responsibility and honor. I will still be on the bike at all scheduled events but my role will be more directed toward educating riders about our products and growing the brand at a grass roots level, rather than focusing solely on results”.
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.
What are your thoughts on the cost of bikes and do you think that things have gone too far? If you are in the market for a new bike or anything else cycling-related make sure to head over to our dedicated buying guide page for all the information you could possibly need. Ultimately as consumers, we have the ability to vote with our money on what we are willing to buy and how much we are willing to pay for it. Although the rising cost of superbikes does not directly affect most of us, they do appear to be dragging the prices of lower-spec bikes up with them too. Motorbikes, on the other hand, have reached something of a plateau in terms of big step changes in development. A motorbike made in 2023 is going to be very similar to one made in 2003.