E-bikes are here to stay, without a question, and as a result, a limitless selection of devices that claim to be the greatest of their kind have emerged. One company, Hyper Bike Co., aims to increase market access to e-biking by providing reasonably priced and decently equipped electric bikes. We previously talked about its E-Ride eMTB, which retails for just $1,500 USD.
Because the proverbial picture is worth one thousand words, the Court attaches a demonstrative example of each claimed design. hyper mountain bike has a long history in the sport of BMX, including a National Pro Championship in 1993, delivered by Eric Carter. This early success helped to establish Hyper as a major player in BMX. 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.
The 32 years old brand is mainly known for the production of components, high-end competitive BMX frames. The founder, Clay Goldsmid, was himself a former BMX pro. After a great success in the BMX field and a first convincing experience in the mass market bike industry. The brand decided to enter the world of mountain biking with one of their first sponsored athletes during the BMX era, Eric Carter, who had converted to mountain biking after a successful BMX career. “Park Tool has been manufacturing bicycle specific tools since 1963. Based out of St. Paul Minnesota, we are the world’s largest bicycle tool manufacturer. A long-term dedication to quality, innovation, and customer service has made Park Tool the first choice of professional and home bicycle mechanics around the world.”
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. It then cites Lanard Toys, Ltd. v. Dolgencorp, LLC, a case in which hyper bike 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. The element-by-element approach to claim construction proposed by defendant, while perhaps not specifically proscribed, invites the kind of myopic, restrictive approach to the infringement analysis which the Federal Circuit has found to be “untethered from the ordinary observer inquiry” and therefore error.
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. From a bike of this range, the models are really correct for their price.In the general mind, affordable bikes found at Walmart are synonymous with poor quality at low prices, but here I honestly think we are facing an underrated brand. For example, their $600 electric mountain bike may be surprising but it turns out to be efficient and promising.Once again, as in many other cases, you have to identify your needs before buying. Here you have a brand offering honestly priced bikes that will satisfy beginners who want to start.Their BMX bikes, which are at the origin of the company, are of superior quality. Good components, efficient and with a good longevity, perfect bikes for their price.
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”). Founded in 1990 by Goldsmid, Hyper initially began producing high end race frames. Through the years, the brand boasted names such as BMX race pro Eric Carter, and eventually expanded to include a mountain bike and freestyle team. Today, riders for Hyper include Mike Spinner, Mike Fede (freestyle) and Donny Robinson (race).