Graham Factors

News & Analysis as of

BakerHostetler Patent Watch: Apple, Inc. v. Int'l Trade Comm'n

[E]vidence relating to all four Graham factors -- including objective evidence of secondary considerations -- must be considered before determining whether the claimed invention would have been obvious to one of skill in the...more

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

[W]e have emphatically rejected any formal burden-shifting framework in evaluating the four Graham factors [including the objective considerations of nonobviousness]. The district court's failure to consider the evidence...more

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