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”).
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”.
“Finish Line has everything a cyclist needs for taking care of their bike and making sure it performs at its peak potential. These products range from bicycle chain lubricants to drivetrain degreasers, from bike washes, specialty brushes and chain cleaning tools, to fluorinated bearing greases and specialty suspension and brake fluids.” “Since 1993 Lizard Skins has created products to meet the needs and wants of cyclists around the world. With hyper bike a wide variety of cycling products, from its well-known chainstays to its gripping bar tape, Lizard Skins has everything you need to make the most of your ride. Our mission is to protect the bike and rider while making the ride more enjoyable.” Worlds’ first carbon-neutral facility of high performance and sustainable bicycle tires
As part of its ambitious growth and investment plans to continue to supply cyclists with the most advanced an…
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.
Only one bicycle tire can claim the title of winningest tire of 2023. The Vittoria Corsa PRO achieved what seemed impossible to accomplish in one season, winning Milano-Sanremo, Paris-Roubaix, Giro… The Vittoria Corsa PRO achieved what seemed impossible to accomplish in one season, winning Milano-Sanremo, Paris-Roubaix, Giro d’Italia, Tour de France, La Vuelta, and Road World Championships. By taking innovation to the next level and creating the world’s best tires,we’re on that journey too. It’s widely accepted that the larger the scale on which something is produced, the cheaper it can be done.
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).