Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68

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… Continue reading Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68

Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68

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.… Continue reading Fa-Hsing Lu v Hyper Bicycles, Inc., 568 F. Supp. 3d 68