Graham v. John Deere (KyleR)

Overview

• Decided by U.S. Supreme Court in 1966.
• Two patent-infringement claims being debated:
  • No. 11: "Clamp for vibrating shank plows"
    • 1955 - ruled valid by Fifth Circuit. The combination produces an old result in a cheaper, more effective way
    • 1964 - ruled invalid by Eight Circuit. The combination provides no new result
    • 1966 - ruled invalid by Supreme Court. But neither Circuit applied the correct test

• • No. 37 and No. 43: a built-in plastic finger sprayer with a "hold-down" cap for insecticide dispensing. Patent issued to Cook Chemical.
    • ruled valid by District Court and Court of Appeals
    • ruled invalid by Supreme Court.

History of Patent Law

• Congress is given the power to issue patents/monopolies, but that power is limited.
  • must "promote the Progress of ... useful Arts".
  • cannot remove or restrict access to existing knowledge from the public domain.
• Thomas Jefferson, who authored the 1793 Patent Act, did not intend for patents to be granted for "small details, obvious improvements, or frivolous devices"
• Congress and Jefferson agreed that is should be up to the courts to develop detailed standards for patentability
  • 1851 - Hotchkiss - device must require more skill than that possessed by an ordinary mechanic