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, hyper bicycles Inc., 543 F.3d 665, 679 (Fed. Cir. 2008) (citation omitted). The Federal Circuit has instructed that a design patent’s claim is often better represented by illustrations than a written claim construction.
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. The first step, known as claim construction, is an issue of law for the court to decide.
Air-Liner Inserts support tubeless tire performance, lock the bead to prevent burping, and reduce the risk of rim strikes and pinch flats. By taking innovation to the next level and creating the world’s best tires,we’re hyper bicycles on that journey too. November 24, 2023, heralds the arrival of Black Friday, a shopping phenomenon that consumers eagerly await. Amid the plethora of offerings, the eBike sector assumes a prominent role.
In the case of coated surfaces, there may be color differences due to the usual process fluctuations. The consumption values stated refer to the roadworthy series condition of the vehicles at the time of factory delivery. At our webstore, we offer Hyper Bicycles 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. Brands have always taken great pleasure in declaring their bikes “illegally light”, but if the minimum weight limit goes, so does the viability of this as a marketing strategy. Our former colleague, Matthew Loveridge, used to insist that a lighter bike “will always be more fun to ride, all else being equal”, for example, and the idea that modern road bikes are ‘too heavy’ is frequently raised in the comments sections of our website and YouTube channel.
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. More seriously, though, while many brands were capable of building hyper-light bikes in days gone by, removing the minimum weight limit would likely cause headaches for the majority of road bike brands that are now focused exclusively on developing disc-brake equipped bikes and related parts. 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”). Ride in style with the Hyper E-Ride Electric Pedal Assist Commuter Bike with 700C Wheels in Blue.
Fast forward a year, to the start of the 2023 Tour de France, however, and the average bike weight had dropped to 7.45kg, more than 450g less than in 2022. As a result, bikes such as the classically styled Cannondale SuperSix Evo of yesteryear are a rare sight nowadays; as are skinny tubular tyres and rims. Removable accessories, such as bike computers or water bottles, are not included in this, but fixed accessories (ones that can’t be removed during competition) such as pedals, bottle cages and bike computer mounts are. As the sport’s global governing body, the Union Cycliste International (or UCI for short) defines the technical regulations for bicycles and equipment used in its sanctioned races and events. Worlds’ first carbon-neutral facility of high performance and sustainable bicycle tires
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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. 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.
Because bikes with caliper rim braking systems still tend to be lighter than disc-brake equipped ones, all else being equal, they remain popular with weight weenies and hill climb racers. 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. Because the proverbial picture is worth one thousand words, the Court attaches a demonstrative example of each claimed design.
It also made extensive use of digital design aids, such as Finite Element Analysis (FEA simulates how objects behave under various physical conditions) and Computational Fluid Dynamics modelling (CFD is akin to a virtual wind tunnel), and rapid prototyping. On top of this, the lightest bike we saw – Simon Clarke’s Factor 02 VAM – weighed just 6.925kg ready to race. Round tubes are typically more structurally efficient than aerofoil-shaped tubes, hyper mountain bike and can therefore be made lighter. In 2010, Jean Wauthier, a UCI technical advisor, told BikeRadar the limit was set taking into account “sensory-motor coordination, stability, balance, manoeuvrability, adherence, postural comfort, a vision-posture system and safety”. It was introduced as part of the UCI’s Lugano charter in 2000 (which also put a stop to a load of other fun things such as monocoque carbon frames and anything Graeme Obree did).