This week in Cubist Pharmaceuticals, Inc. v. Hospira, Inc., Supr. Ct. No. 15-1210, the Supreme Court is scheduled to vote whether to grant certiorari on the issue of secondary considerations of nonobviousness under Graham v. Deere.
If granted, Cubist Pharmaceuticals would represent a modern milestone with grant of review of an obviousness decision where the appellate tribunal held claims invalid under Graham v. Deere.
The case is considered in detail in the attached Top Ten Patent Cases at pp. 21-22.