Genuine profit margins for any industry can be hard to come by. Most industries like to keep this a closely guarded secret for obvious reasons. We have managed to get some general statistics on both the motorbike and cycling industries to compare just how much of the total sale price of the bikes is profit.
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 hyper bike 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.
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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.
Not long ago bikes costing £/$/€10,000 we deemed to be hyperbikes and now for some brands they aren’t even the top tier offering. Plaintiff’s approach hews more closely to precedent, especially that of this district. 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. One of the beautiful things about our sport is the ability to ride on the same roads as the pros and – if you have the desire – the same kit. With deep enough pockets, you can buy the exact bikes that the best riders in the world use at races like the Tour de France. Although they may be eye wateringly expensive, the fact that you can ride exactly what the best in the world do is not something that can be said about motorbikes.
Defendant argues for a verbal construction but plaintiff contends that illustrations will suffice. “To be back with Hyper is a great opportunity that I’m very excited about to, say the least,”said E.C.. “To be handed the keys to the castle with the task of building a high end line of mountain bikes for the Hyper brand is both a big responsibility and honor. I will still be on the bike at all scheduled events but my role will be more directed toward educating riders about our products and growing the brand at a grass roots level, rather than focusing solely on results”.