Spotlight On Upcoming Oral Arguments – August 2019

Blair v. Kawasaki Rail Car, Inc., No. 18-2098, Courtroom 201

Scott Blair appeals from a final decision from the PTAB finding the challenged claims of U.S. Patent No. 6,700,602 (“the ’602 patent”) invalid as obvious.  The ’602 patent is directed to a subway television media system that is mounted substantially flush with the wall.  In determining that the challenged claims are obvious, the PTAB relied upon four prior art references.  One of those references is Sasao, which relates to placing a television inside of a custom built cabinet that creates a flush surface with the television and the cabinet paneling.

On appeal, Mr. Blair argues that the Sasao reference relates to an invention that operates in an entirely different environment, a residence or commercial building, and is intended to achieve an entirely unrelated goal, hiding the television.  Thus, Mr. Blair argues that the PTAB erred in relying on the Sasao reference because it is not analogous prior art.