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.
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 hyper bicycles 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.
This is a great way to keep costs down as you only need to be able to manufacture one product over and over again. If you take the very best stock motorbikes built for track days and racing, these are going to put the price up towards the £/$/€30,000 mark. However, this is still a step below the bikes used by the professional riders. A MotoGP bike is a bespoke hyper bike bit of kit, not something that you can just go and buy, and even if you could they have a price tag well north of £/$/€1.5 million. 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.
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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.