This section contains the nature of the case and procedural background.

In Graham v. John Deere Co., an infringement suit by petitioners, presents a conflict over the validity of a single patent on a 'Clamp for vibrating Shank Plows.' The Fifth Circuit had held the patent valid under its rule that when a combination produces an 'old result in a cheaper and otherwise more advantageous way,' it is patentable. The Eighth Circuit held, in the case at bar, that there was no new result in the patented combination and that the patent was, therefore, not valid. In Calmar, Inc. v. Cook Chemical Co., and Colgate-Palmolive Co. v. Cook Chemical Co., Calmar, the manufacturer of a finger-operated sprayer with a 'hold-down' cap of the type commonly seen on grocers' shelves inserted in bottles of insecticides and other liquids prior to shipment. Each action sought a declaration of invalidity and noninfringement of a patent on similar sprayers issued to Cook Chemical. Cook Chemical claimed infringement. The actions were consolidated for trial, and the patent was sustained by the District Court. The Court of Appeals affirmed. Congress had just recently-passed the Patent Act of 1952.

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