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Intellectual Property Today, "Design Patent Enforcement in 2014," February 2015

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Over the past year, district courts across the united States and the Federal circuit issued numerous opinions relevant to design patents. While the old mantra that design patents “have no scope”1 has been seemingly set aside, showing infringement of a design patent is still not an easy burden to meet and invalidating a design patent is often a successful defense. a review of some recent court decisions should help practitioners uphold and enforce design patents, or in the alternative, dismiss alleged claims of infringement. this article highlights some of the recent case law relating to design patents, including court opinions regarding claim construction, invalidity, infringement, and remedies.

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