On the surface, this does the opposite of justifying the cost of bikes. Founded in 2008, Winspace have been designing, building and racing carbon fiber bikes for over a decade. Based in Xiamen, China we have the advantage of being at the heart of the carbon fiber industry. Our international team brings expertise in engineering and design. 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.
Claim construction proceeds differently with respect to design patents. Design patents are typically claimed as shown in drawings, and claim hyper mountain bike construction is adapted accordingly. Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 679 (Fed. Cir. 2008) (citation omitted).
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. 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”). This case arises out of the alleged infringement by the defendant Hyper Bicycles (“Hyper” or “the defendant”) of two design patents held by the plaintiff, Fa-Hsing Lu (“the plaintiff”).
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Machinery, bulk buying raw materials, and refined manufacturing processes all contribute to driving the cost of the finished product down. After all, a road bike has very few parts when compared to a motorbike and, most obviously, no engine. On September 23, 2020, Fa-Hsing Lu, a citizen and resident of Taiwan, Republic of China, filed a patent infringement suit against Hyper Bicycles, Inc., a Massachusetts corporation with its principal place of business in New Jersey. Your shoppers can now add order details and view order tracking information in Apple Wallet. Plus, you can notify shoppers about order changes and provide easy access to customer service and order management options all in one place. As a matter of policy, BBB does not endorse any product, service or business.
On October 20, 2021, the Court held a Markman hearing with respect to the claim construction to be applied to the design patents. 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.