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BlackBerry Sues Typo Again Over Second-Generation iPhone Keyboard Case

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BlackBerry today filed a second lawsuit against Typo Products, the startup backed by Ryan Seacrest, alleging that the second-generation Typo keyboard continues to infringe upon its intellectual property, reports The Hollywood Reporter. In a complaint lodged in a California federal court on Monday, BlackBerry claimed Typo "slavishly copied" its keyboards down to the "smallest detail."
Just as they did with the Typo Keyboard, Defendants have again copied numerous proprietary BlackBerry designs and patents in the Typo2 Keyboard. The Typo2 Keyboard still blatantly copies BlackBerry's iconic keyboard trade dress designs that have been embodied in numerous BlackBerry smartphones from the 2007 BlackBerry 8800 to the current Q10 and Classic models. The Typo2 Keyboard also infringes numerous BlackBerry utility patents related to BlackBerry's proprietary keyboard design, backlighting and typing automation technologies.
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Typo Products first clashed with BlackBerry shortly after the former debuted its first-generation Typo iPhone keyboard case in late 2013. Backed by media personality Ryan Seacrest, the product was the result of a desire to create a physical keyboard for the iPhone after he and his partner Lauren Hallier saw many of their friends carrying two phones -- one for typing and correspondence, presumably a BlackBerry, and an iPhone for everything else.

typoiphone6.jpg
The Typo2 for the iPhone 6​
The snap-on iPhone keyboard that Seacrest and Hallier developed looked very similar to a BlackBerry keyboard, which BlackBerry took offense to. BlackBerry sued and won an injunction against Typo Products, leading Typo to produce the Typo2, a second-generation keyboard that it claimed did not violate any BlackBerry patents.

The $99 Typo2 features a sleeker design with a built-in keyboard that unfortunately blocks the Touch ID fingerprint sensor on the iPhone 6. Though Typo Products claims that its second-generation offering does not infringe on BlackBerry patents, it continues to bear a visual resemblance to the keyboards BlackBerry has used in its products for years.

According to BlackBerry, with the Typo2, Typo Products produced a "minimally modified derivative version" of the original Typo keyboard that continues to abuse BlackBerry's trade dress. The lawsuit cites a range of media reviews that compare the Typo2 to the BlackBerry, pointing out the marked similarities between the two, including a comment from one of our own forum members. BlackBerry's lawsuit also accuses the Typo2 of infringing on five BlackBerry patents.

reviewcomment-800x241.jpg
BlackBerry now has two lawsuits pending against Typo, for the original Typo keyboard and the Typo2. BlackBerry has also won an award of $860,000 after Typo continued selling its original keyboard in violation of the previously mentioned injunction. In the newest lawsuit, BlackBerry asks for "enhanced and exemplary" damages for Typo's continued infringement.

Article Link: BlackBerry Sues Typo Again Over Second-Generation iPhone Keyboard Case
 
Article Link
https://www.macrumors.com/2015/02/17/blackberry-sues-typo-again/
Great move Blackberry! I bet this lawsuit will go down as the thing that sparked their big comeback!
 
Looks like they're only trying to protect their IP, though I'm not sure legally what chance they actually have.
 
maflynn said:
Looks like they're only trying to protect their IP, though I'm not sure legally what chance they actually have.
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They should still go for it as it's their intellectual property. Just because there's the chance they might lose in court doesn't mean they shouldn't defend what's rightfully theirs. Unlike some other companies, BlackBerry is still actually using its patents in current products ever since the original "BlueBerry" models.
 
maflynn said:
Looks like they're only trying to protect their IP, though I'm not sure legally what chance they actually have.
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Not sure on the Typo2, but on the Typo 1, they've won outright. Will be interesting to see if the judge thinks the Typo2 is differentiated enough or not.

Problem is Typo is fighting an uphill battle. The Typo case was clearly identified and found to violate patents and trade dress. They were given a court imposed injunction and still refused to stop selling the Typo case. hence the 860,000 penalty awarded to BBRY already.

That sort of "mockery" of a court decision tends to show very unfavourably towards future considerations should the same general court case have to continue.
 
When I first saw the typo 2 the first thing I thought was that they really didn't change much -- in this case I'm siding with blackberry.
 
I think its hilarious that Blackberry is wasting their time trying to kill a product that will die on its own.
 
I'm not sure why they keep trying to sell these things in the first place, especially given they cover up the home button? It would be one thing if the home button wasn't such an integral part of every iPhone, even more so with the 5s, 6 and 6+ given Touch ID.

Either they're selling a ton of them and it makes sense to pay to fight, or they're not selling any and they need to try to make some money to, if nothing else, file chapter 11.
 
yousifabdullah said:
They should still go for it as it's their intellectual property. Just because there's the chance they might lose in court doesn't mean they shouldn't defend what's rightfully theirs. Unlike some other companies, BlackBerry is still actually using its patents in current products ever since the original "BlueBerry" models.
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No arguments because if they don't, then they'll be that much worse off.
 
macintologist said:
Why anybody would buy a Blackberry, let alone a Blackberry keyboard for your iPhone, is beyond me.
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In my case, i still have two "everyday" phones. One is a Xperia or iPhone depending on what i feel using or what i'm currently developping on.

The second is a blackberry, either a Z10 or soon a classic. Because even after all these years using iOS or Android, custom keyboard or not, blackberry still is faster when it comes to communication. And i do type a lot everyday.

Then, i'm not really an app power user, if i had to switch on my blackberry full time again i'd probably just miss clash of clans. But even then i could just start à New game by downloading the Apk and sideloading it.
 
just ask tim cook for some couch cushion change, buy blackberry, then shut it down already.
 
What would happen if someone made a SOFTWARE keyboard that looked just like a Blackberry keyboard??? o_O
 
Just think how much more money and positive press Blackberry could get by releasing their own iPhone keyboard case. Once the only news you hear about a company is about lawsuits, you know its best days are long behind it.
 
What exactly are they going to have to do to make a keyboard not look like a keyboard? Remove a letter or 2 from the alphabet?

The 2 different Typo keyboards don't look the same to me, so how could they both be patented by Blackberry?

If you asked 100 people on the street what kind of keyboard does that look like, you'd be lucky to get 10 people to say Blackberry!

I guess suing is cheaper than advertising. Because god knows they don't spend a dime on that, but this is probably the most media exposure they've gotten in the last year. If they were smart, they'd drop the fine against Seacrest and make him do an advertisement for them!
 
nick42983 said:
Just think how much more money and positive press Blackberry could get by releasing their own iPhone keyboard case.
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The market for these kind of solutions is not very big. The costs of developing and marketing would probably not be offset by the sales of such a product. Even Typo with all it's free publicity rarely shows up in the wild.
 
miketcool said:
I HATE patents. End them. End them ALL.
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Hey Man! R & D isn't free. The courts recognize that. Hence the Patent and Copyright provisions.

If someone blatantly copies your work, then you have the right to seek redress. Intellectual property must be respected or Innovation dies.
 
peterdevries said:
If you would understand the true purpose of a patent, or had at any time in your life invested money and time to develop a product and bring it to market, then you wouldn't have made such a dumb comment.
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"“It is no crime to be ignorant of economics, which is, after all, a specialized discipline and one that most people consider to be a ‘dismal science.’ But it is totally irresponsible to have a loud and vociferous opinion on economic subjects while remaining in this state of ignorance.” - Murray Rothbard

Because the men and women who have invested EVERYTHING into starting up their own business, have extra capital to fight the corrupt companies that manipulate the Patent Office and the Courts. Patents are a tool used by powerful interests, to limit competition, and stifle the natural advancement of ideas.

There was a time, when the market improved upon ideas naturally, without fear of legal and financial ruin. If we want to see the blistering technological advances that lift us out of the restraints of the few, we will let go of patents. Some companies are advancing us there, and I'm excited for more and more people to do the same.
 
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