$AMRN $AMRN SUNDAY SCHOOL for 7/26/2020 Topic: Applying the Four Graham Factors in a Patent Validity Challenge. I recently reread the two Amicus Curiae’s submitted to CAFC. The one by The Biotechnology Innovation Organization was particularly enlightening to this legal layman. The legal precedence for “nonobviousness” comes from the Supreme Court’s decision in Graham v. John Deere. Since that decision there has been “a dueling” set of Frameworks for the CAFC evaluations of obviousness in cases. The two frameworks are: “Prima Facie”, and “Totality”. As the name implies the “Totality” Framework “evaluates obviousness by making a single determination based on all relevant evidence.” While the “Prima Facie” Framework “evaluates obviousness through a "two-step process” that only considers the fourth Graham Factor after the obvious determination has already been made. The Prima Facie Framework introduces hindsight bias into the evaluation whereas the Totality Framework does not.
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