Secondary Factors and Objective Evidence
a.    In absence of good affirmative, 2ere factors become especially important. Graham suggests it, but doesn’t apply it in the case.
(A)    Federal Circuit: Must look at 2ere for objective evidence.
(B)    Not perfect, someone will always be first yet this doesn’t make invention nonobviousness.
b.    Objective Factors
(A)    Commercial success: Inventor’s invention sells well, pointing towards nonobviousness (though could just be marketing prowess – pet rock).
(B)    Did others copy you—wouldn’t need to if it were obviousness. Still need to show nexus, someone may have copied you merely because lawyer said it was okay.
(C)    Commercial acquiescence: Was inventor able to license the invention? Must show nexus. Did others invent around the patent?
(D)    Long-felt need: Was there a long-felt need for the invention?
(E)    Did inventor receive awards for innovativeness? Did others think that invention couldn’t work?
(F)    Best objective factor: people failed who tried to invent it.
c.    Nexus: Must demonstrate a nexus between the objective factor and the issue of obviousness.