1966: Graham vs John Deere Company

This case goes all the way back to 1966 and to the Supreme Court of the United States.

Background:

Graham invented a new shock-absorber doo-dad for tractors --> 1st Patent

Years later he improved the doo-dad --> 2nd Patent

John Deere improved their doo-dad, but Graham sues for infringement. 

Court Case:

John Deere argued that Graham's 2nd Patent was invalid --> failed test for non-obviousness 

Trial Court --> sided with Deere, Appellate Court --> reversed 

Goes to Supreme Court --> Invalidates Graham's patent

• The US Supreme Court looked to the Intellectual Property Clause and found that patents were only intended for those inventions which were new, useful, and furthered human knowledge, rather than for small details and obvious improvements.
• The Court looked to 35 U.S.C. §103, which codifies the nonobvious requirement, and found that the factors for determining nonobiousness include:
• The scope and content of the prior art;
• The differences between the claimed invention and the prior art; 
• The level of ordinary skill in the prior art;
• Secondary considerations:
• Commercial success;
• Long felt but unsolved needs; and
• Failure of others.
• These factors are now known as the Graham Factors

Court Decision: Graham's invention was prior art, obvious (to anyone who read the first patent)

Source:

http://www.invispress.com/law/patents/graham.html