Hyper Bicycles, Inc. Awarded Attorney Fees in Patent Infringement Lawsuit

The Patent Law case between Fa-Hsing Lu and Hyper Bicycles, Inc. has taken an interesting turn as Hyper seeks attorney fees following a ruling in their favor. The case, which revolves around two design patents held by Lu for the ornamental design of a bicycle, has been marked by a series of legal battles and contentious arguments.

Lu initially filed a patent infringement lawsuit against Hyper in September 2020, alleging that the company had infringed on his patents. However, Hyper denied these claims and counterclaimed with multiple allegations against Lu. The case took a significant turn during a Markman hearing in October 2021, where the court provided a verbal interpretation of the patents’ claims.

After several extensions and motions, Hyper eventually filed for summary judgment in June 2023, which was granted in August of the same year. Following this ruling, Hyper sought attorney fees under the provisions of 35 U.S.C. § 285, which allows for the recovery of legal fees in exceptional patent cases.

The court, after examining the circumstances of the case, determined that Lu’s claims were frivolous and that he had failed to engage meaningfully in the litigation process. Lu’s lack of evidence, failure to contest critical facts, and overall conduct led the court to classify the case as “exceptional” under the Patent Act.

As a result, Hyper was granted attorney fees and costs from the date of Lu’s admission regarding the lack of proof of infringing sales. The court, however, denied the motion in all other aspects, highlighting the importance of good faith and diligence in legal proceedings.

This case serves as a reminder of the complexities and challenges involved in patent law disputes, as well as the importance of conducting thorough and meaningful litigation practices.