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”). Defendant rejoins that a verbal hyper bike 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.
Defendant submits that Lanard controls the present case, or at least provides more authoritative guidance than DePaoli and Reddy. The Hyper eRide Mountain bike is an electric pedal-assist mountain bike that perfectly blends performance and convenience. hyper mountain bike This mountain bike features a 26-inch MTB frame with 21-speed gearing, making it the ideal choice for tackling any terrain. Adding the motor allows riders to cover more ground faster while still working up a sweat on those tougher climbs.
[…] the Limited Warranty lasts for as long as the original purchaser owns the frame. The Court adopts this construction without prejudice to its ultimate jury instruction on functional versus ornamental elements or any other related factors. This is made possible with two large hyper bicycles levers on the frame. Even if you are in the middle of the street, you can fold this easily. The specs are virtually identical to those of the Men’s version of this bike, you just gotta go ahead, kick the tires, and see if it’s a perfect fit for your size and biking preferences.
At an affordable price, it’s equipped with a powerful electric pedal-assist motor and a 26-inch mountain bike frame. This cutting-edge equipment provides a great way for riders to travel faster, farther, and more comfortably than ever before. 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.
BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. The Tern BYB S11 is one of the best folding hybrids around. It stands 32” tall & 14” wide, weighing a lightweight 29 lbs. But when you fold it down, the double-folding mechanism kicks-in shrinking it into a third of its original size.
Defendant argues for a verbal construction but plaintiff contends that illustrations will suffice. Come ride time, the 20-inch wheels with the 1.5” tires bring comfort and stability that are generally not the USP of folding bikes. There’s an 11-speed gear suite with a 54-tooth chain ring for tackling the occasional terrain change. 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.
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