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 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.
Not long ago bikes costing £/$/€10,000 we deemed to be hyperbikes and now for some brands they aren’t even the top tier offering. Plaintiff’s approach hews more closely to precedent, especially that of this district. As acknowledged by Judges Young and Woodlock, however, in Reddy and DePaoli, it would be well within the Court’s discretion to provide some verbal construction at a reduced level of detail than that proposed by defendant. One of the beautiful things about our sport is the ability to ride on the same roads as the pros and – if you have the desire – the same kit. With deep enough pockets, you can buy the exact bikes that the best riders in the world use at races like the Tour de France. Although they may be eye wateringly expensive, the fact that you can ride exactly what the best in the world do is not something that can be said about motorbikes.
Genuine profit margins for any industry can be hard to come by. Most industries like to keep this a closely guarded secret for obvious reasons. We have managed to get some general statistics on both the motorbike and cycling industries to compare just how much of the total sale price of the bikes is profit.
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.
To commemorate this golden year, Vittoria introduces the limited-edition Corsa PRO Gold adorned with golden sidewalls. Only 2,023 packs will be available worldwide, each containing two Corsa PRO Gold tires. “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.”
At our webstore, we offer hyper mountain bike frames, known for their quality and durability. Founded in 1990, Hyper Bicycles has been dedicated to producing high-performance bikes that meet the needs of riders of all levels and styles. Give memorable cycling experiences on Vittoria tires & accessories with our gift cards. Let your bike fellows choose the item they really want with the flexibility to buy any of our products.Choose between $50, $100 and $200 value gift cards. No matter how you choose to look at it, the cost of the highest-end premium road bikes is getting out of hand.
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 ). 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.
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”).