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There is no evidence that the Patent and Trademark Office actually applied those rules in this case, although there was a lot of litigation over the validity of the patents.
As for the merits of the lawsuit itself, the appellate court didn’t specifically say that this was “obvious”; it just said that the jury was permitted to find that it was.
As noted, the invention of the cell phone didn’t actually get much attention for almost a decade after the introduction of the first telephone, and didn’t even get its first patent until 1992.
This is almost certainly because a simple device like a telephone was one of those wonderful “trivial” inventions that seemed to get something right the first time.
But you can see how, after over two decades of development and competition, someone might think that there was little point in patenting something that’s already been created.
Of course, lots of people have patented trivial inventions and made lots of money. So it would be silly to imply that this could only be the case because the inventions were trivial.
The interesting part of the story is that there is, in fact, a deeper story here than this, and a broader lesson in how society deals with unanticipated inventions.
This story has to do with whether the invention of the cell phone should be credited to a single person, or whether we should give credit to a broad class of inventors, the entire field of telecommunications.
That was a question that came up last year, after former engineer Bob Nardelli and his company, NuVasive, were accused of stealing some of the technology for their popular spinal implant.
NuVasive is not accused of stealing the concept of the spinal implant; rather, they claimed that they had invented the material that made the device possible.