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.
They don’t just sell every major BMX Product, they ride as well. The perfect replacement spindle for bikes that have 3pc cranks and an unsealed bottom bracket. I am a bike aficionado who researched for you the important information about the brand to help you know if Hyper bikes are good bikes. “SMALL DETAILS. BIG DIFFERENCE. With this concept came the genesis of Avid, which you can still see in every product we make. Since 1991, Avid has been working hard to bring you the industry’s most dramatic improvements and make enhancements so sweet it’s hard to imagine riding without them.” BBB Business Profiles generally cover a three-year reporting period.
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.
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 hyper mountain bike 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).
Surly is a leading manufacturer of bicycle frames, and was one of the first Fat Bike manufacturers. “At Salsa, we believe a sense of adventure makes life better. The bicycle can be so much more than just a bike; it’s a path to new places, new people, and amazing experiences.” If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue.
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.
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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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 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.