As acknowledged by Judges Young and Woodlock, however, in Reddy and DePaoli, it would be well within the Court’s discretion to provide some verbal construction at a reduced level of detail than that proposed by defendant. In analyzing a patent infringement action, the Court must 1) determine the meaning and scope of the 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. The first step, known as claim construction, is an issue of law for the court to decide. Having said that, the Hyper Bikes that we are discussing may not necessarily be built by hyper bicycles though.
One of the first Riders to benefit from Hyper sponsorship was Eric Carter, who helped position Hyper as a leader in BMX by capturing a National Championship and being an excellent spokesperson and promoter of the brand. Eric moved on to a stellar career in Mountain Biking, while Hyper continued to develop BMX products and began hyper bike exploring an expanded position in the marketplace. 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.
Eric has already committed to a schedule of events, races and other promotional opportunities to provide visibility to our effort and create the foundation for Hyper Bicycles continued involvement in Mountain Biking. Hyper plans to support and promote Mountain Biking by producing top quality products for Racers and enthusiasts. The company is seeking industry partners that share our vision of support and commitment to producing high quality, high performance products. Ethicon, 796 F.3d at 1335 (citing Amini Innovation Corp. v. Anthony Cal., Inc., 439 F.3d 1365 (Fed Cir. 2006) ).
There are many brands like Schwinn and Liv, which manufacture hyper bikes. Just like the other bikes in Liv’s hybrid range, the Alight 2 disc features an ALUXX aluminum frame, which is Giant’s… 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. Hyper has also continued its commitment to the sport by sponsoring Riders, Teams, Events and Series. It became obvious that if Hyper was to grow and prosper new opportunities would need to be explored.
Watch BMX News “Product Spotlight” section for more on the stoppers, in the coming weeks. Historically, Answer’s line of components has been geared toward the younger racers hyper bicycles (apart from its wildly-popular Scythe and now Dagger forks). For 2012, they are stepping up the game and expanding the line to include a bevy of options for the big guys.
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 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. Hyper Bicycles 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.