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”). 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”).
Machinery, bulk buying raw materials, and refined manufacturing processes all contribute to driving the cost of the finished product down. After all, a road bike has very few parts when compared to a motorbike and, most obviously, no engine. 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. Your shoppers can now add order details and view order tracking information in Apple Wallet. Plus, you can notify shoppers about order changes and provide easy access to customer service and order management options all in one place. As a matter of policy, BBB does not endorse any product, service or business.
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.
These riders trust Hyper Bicycles frames for their quality and performance, and we’re proud to offer them to our customers. The rainbow shines on the new Vittoria Barzo and Mezcal UCI-licensed mountain bike cross-country tires. The design process has to be carried out for each size and material as too does the testing of them. As far as the manufacturer is concerned having the right jigs, moulds, presses, and tooling for each model and size all cost additional money.
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).
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