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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.
Although cosmetically things will change, a lot of the underpinnings of the motorbike will either be the same, similar, or have seen a steady refinement over the years. Designing, testing, and refining these new products takes a considerable hyper bike amount of research and development, which all costs money. The Court adopts this construction without prejudice to its ultimate jury instruction on functional versus ornamental elements or any other related factors.
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.
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. Hyper has also continued its commitment to the sport by sponsoring riders, teams, as well as being the series title sponsor for several major events. Hyper Bicycles sponsors some of the best riders in the industry, including X Games gold medalist Ryan Williams, Nitro Circus athlete James Foster, and BMX legend Ryan Guettler.