This is flipped on its head in the cycling world, with brands offering multiple different build kits and different frames to accommodate every type of budget, rider, and preference. Some bike brands have over 10 different sizes for the same bike and can even make the same bike out of different materials. That’s nearly three times the amount of motorbikes that were sold over the same period.
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The question in this case, therefore, is primarily the “level of detail” to be used in describing the claimed design, i.e. whether the Court should advert to the illustrations in the design patent or undertake an element-by-element description thereof. Resting on Reddy and DePaoli, plaintiff requests that the Court reject defendant’s proposed construction and reserve any issues of functionality for a later time. Lu brings suit for two counts of patent infringement of United States patents numbers US D529,842 S (“the ’842 patent”) and US D556,642 S (“the ’642 patent”), each of which relates to the ornamental design of a bicycle. Plaintiff seeks judgment that hyper bicycles has infringed the two patents in violation of 35 U.S.C. § 271, damages to compensate plaintiff for the infringement, trebled under 35 U.S.C. § 284 due to the willfulness of the alleged infringement and attorney’s fees under 35 U.S.C. § 285. “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.” Feel the racing passion of the UCI Mountain Bike World Cups with the new Barzo and Mezcal UCI-licensed editions, the new tire options dedicated to all sports & leisure cross-country mountain bikers.
What are your thoughts on the cost of bikes and do you think that things have gone too far? If you are in the market for a new bike or anything else cycling-related make sure to head over to our dedicated buying guide page for all the information you could possibly need. Ultimately as consumers, we have the ability to vote with our money on what we are willing to buy and how much we are willing to pay for it. Although the rising cost of superbikes does not directly affect most of us, they do appear to be dragging the prices of lower-spec bikes up with them too. Motorbikes, on the other hand, have reached something of a plateau in terms of big step changes in development. A motorbike made in 2023 is going to be very similar to one made in 2003.
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 hyper bike 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.