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, 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.
Tulsa, Okla. (April 8, 2021) — USA BMX – the largest BMX racing organization in North America – announced today the 2021 USA BMX Freestyle Amateur Series has partnered with hyper mountain bike. The USA BMX Freestyle 2021 schedule will consist of 10 digital competitions where membership and entry fees are required, five National events, and one Grand Final competition where membership and pre-registration are required for both. 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. Besides, there’s a whole community of cyclists out there which brings this electric vibe to the activity. The only thing that compares to this indoors is using a Zwift indoor bike, which allows you to enjoy a very realistic virtual cycling experience with your friends and allows you compete with other people indoors. We don’t blame you for mistaking it to be Hyper Bicycles, the bicycle brand with a fair bit of repute amongst BMX Racing & freestyle cyclists.
Hyper Bicycles, Inc. was established in 1990 by former BMX Pro Clay Goldsmid. Initially the company produced high end BMX Racing frames and components. The company also established an ongoing commitment to supporting Riders and the sport through sponsorships of individuals and Teams.
All our wheelsets come with a two-year limited warranty so you can worry less about your equipment and focus on your riding. Transforming rider position at the push of a button – even when in motion. BMXNEWS will be keeping our eyes on the progress of the bike, and will show you first-photos when the time comes. Though the initial rollout this March will be a market test to gauge consumer interest, it is still hitting 314 stores, which is bigger than most chains, in itself. Based on this test, Walmart will evaluate whether the bike gets a chain-wide rollout. A nice island plot of real estate in the “BMX Zone,” Profile had the full wagon rolled out at Interbike.
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”). On October 20, 2021, the Court held a Markman hearing with respect to the claim construction to be applied to the design patents. The Hyper eRide mountain bike has been hailed as the perfect companion for younger cyclists looking to get out and explore.