“The so-called ‘Graham factors’ [see full article] played a leading role in the Federal Appeals Court’s decision Wednesday to reverse, vacate and remand to another court the U.S. International Trade Commissions 2012 dismissal of an Apple complaint against Motorola Mobility — now part of Google. Apple claimed that Motorola had infringed two key smartphone patents — patents that Apple has also asserted in its high-profile case against Samsung,” Philip Elmer-DeWitt reports for Fortune.
“‘We are troubled by the ITC’s obviousness analysis,’ the appeals court wrote in a stinging repudiation of the ITC’s analysis of the case. ‘We have repeatedly held that evidence relating to all four Graham factors — including objective evidence of secondary considerations — must be considered,'” P.E.D. reports. “Those secondary considerations are the ones that anybody with eyes who has shopped for a mobile phone in the past six years can’t miss seeing.”
P.E.D. reports, “It was the second time in a week that the ITC was schooled by a higher authority for ruling against Apple.”
Read more in the full article here.
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