Strategic Considerations in Litigating Design-Arounds

Design-arounds are a well-recognized pathway for the public to benefit from the patent system. “One of the benefits of a patent system is its so-called ‘negative incentive’ to ‘design around’ a competitor’s products, even when they are patented, thus bringing a steady flow of innovations to the marketplace.” Design-arounds are therefore an example of how patents can spur innovation, and thereby promote progress in the useful arts.

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