In the past, enforcing a design patent was a challenging task because often a small difference between a patented drawing and an accused product would result in a finding of non-infringement. In fact, in 1988 the Federal Circuit noted that design patents "have no scope."¹ However, over the past decade the Federal Circuit has shifted its tone and found infringement in several cases where the patented design and the accused design were not exactly the same, but were substantially the same. Following alongside the recent case law, design patents have started to play a central role in companies’ technology disputes, such as the highly-publicized smart phone and tablet patent wars.² With these recent developments, design patents are becoming a more useful, and in some cases a more threatening, tool in companies' patent portfolios.