Legal Opinion · Dissent
Merck Sharp & Dohme Corp. v. Hospira, Inc.
Court of Appeals for the Federal Circuit
Decided October 26, 2017No. 2017-1115Published
1DissentNewman, Circuit Judge
It is time to remedy our inconsistent treatment of the procedures and burdens in applying .the evidentiary factors of obviousness, despite the clarifying precedent in Graham v. John Deere Co., 383 U.S. 1, 86 S.Ct. 684, 15 L.Ed.2d 545 (1966). The Court in Graham resolved prior inconsistencies and established what was seen as a wiser standard of obviousness. The Court established the factual premises and fixed the placement of the burdens. It is time to restore this salutary rigor.
In Graham, the Court discussed. the four factual premises of obviousness1 and explored the interaction among…
2Cases cited20 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- KSR International Co. v. Teleflex Inc.Supreme Court of the United States · 2007
- Stratoflex, Inc. v. Aeroquip CorporationCourt of Appeals for the Federal Circuit · 1983
- Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
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