Blackberry Files Patent Lawsuit against Typo keyboard

[ThePointblank]

Hot off the press:

 

http://www.cbc.ca/news/business/blackberry-files-patent-lawsuit-against-typo-keyboard-1.2483204
 

 

Canadian smartphone maker BlackBerry is suing a startup called Typo for infringing on its patents in the latter's signature product, a cellphone case that attaches to an iPhone to give it a physical keyboard.

 

Waterloo, Ont.-based BlackBerry has filed suit against Typo Products LLC, founded by entrepreneur Laurence Hallier and TV host and media personality Ryan Seacrest for the company's product, the Typo Keyboard, which is set to go on sale later this month.

 

The device attaches around the outside of an Apple iPhone like a protective case, but gives the device a physical keyboard.

 

"This is a blatant infringement against BlackBerry's iconic keyboard, and we will vigorously protect our intellectual property against any company that attempts to copy our unique design," BlackBerry chief legal officer Steve Zipperstein said in a release. "We are flattered by the desire to graft our keyboard onto other smartphones, but we will not tolerate such activity without fair compensation for using our intellectual property and our technological innovations."

For years, one of BlackBerry's key differentiators for its smartphones was the ability to have a physical keyboard, which is perceived by some heavy users in the business community to be preferable for writing a lot of text, such as in an email.

BlackBerry has moved toward touchscreen models in its new phones but does still offer its signature physical keyboard on some of its devices.

 

If you look at them, the Typo keyboard DOES look extremely familiar to the Blackberry keyboards, down to the scalloped keys:

 

Typo keyboard case:

 

 

Blackberry Q10:

 

 

 

[Nineshadow]

Moar patents!

[Jeroen1322]

Their last cry for help.. 

[Beskamir]

Why would anyone want that keyboard....

[Ajhaden]

That keyboards smaller then the digital one it comes with? Why would anyone want that!

[dizmo]

Why would anyone want that keyboard....

 

Ever had a phone with one?

[Warcony]

Why would anyone want that keyboard....

 

 

That keyboards smaller then the digital one it comes with? Why would anyone want that!

 

Have you guys ever used a physical keyboard on a phone? Makes me never want to use a full touch one again.

[mgsstar]

Its looks really alike. Great way to get the Blackberry keyboard feel on other devices. Like physical keyboards because people can type without looking at the phone.

[nicehat]

I hope BlackBerry sues themselves back into solvency

[ThePointblank]

The Former Director Of U.S. Patent And Trademark Office, Q. Todd Dickinson was interviewed in a recent buisness article about the Blackberry lawsuit, and this is the article below:

https://businessincanada.com/2014/01/06/former-director-of-u-s-patent-and-trademark-office-discusses-the-blackberry-versus-seacrest-start-up-lawsuit/

Basically, Mr Dickinson highlighted two 2 claims, Claims 1 and 9 that may serve as “broad claims” and help with determining if any patents were infringed.

 

Claim 1: …each of the depressible keys has a top engagement surface of which an upper inboard portion is raised relative to a lower outboard portion thereof, wherein the top engagement surface of at least some of the depressible keys has a generally inclined crest shape…

 

Claim 9:  …the keyboard comprises a keyfield comprising a plurality of depressible keys arranged in rows that are distributed about a vertical centerline of the keyboard and each of the depressible keys has a top engagement surface of which an upper inboard portion is raised relative a lower outboard portion thereof, wherein the top engagement surface of at least some of the depressible keys has a generally inclined crest shape with a top of the crest diagonally oriented on the key.

 

 

There are some minor details that Mr Dickinson says doesn't matter, but the whole issue will be what is Typo's product is versus the wording of these claims.

Additionally, BlackBerry has included several other complaints in the filing and as expected, have broken it down to very specific items. From the complaint:

• a keyboard with an overall symmetrical design around the vertical center line, comprising several horizontal dividing bars above rows of sculpted keys, the last of which is rounded on the bottom edge;   
• several horizontal bars in contrasting color and finish set above horizontal rows of keys;
• several top rows of roughly square shaped keys having little horizontal space between them;
• a bottom row of roughly rectangular shaped keys having curved bottoms edges and little horizontal space between them;
• keys with planar areas away from the vertical center line of the keyboard and sculpted curves closer to the center line;
• one larger rectangular key in the center of the bottom row having a u- shaped planar area; and
• keys having distinct lettering or graphical icons printed on the surface.

And finally, there's some arguably less obvious information that may help BlackBerry in their case. The plain and simply fact that Typo openly compared their offering to that of BlackBerry's. Several comments made to media outlets and even Typo's own Twitter account often references the similarities to the BlackBerry keyboard:

 

 

Even Ryan Seacrest made a comparison to the media via CNN about the similarities:

 

Interviewer: So it’s the best thing about a BlackBerry, within the iPhone.

Ryan Seacrest: That’s kind of how this came to fruition. (page 11)

Mr Dickinson says that because of these statements by Typo and Typo reps, this could very much help Blackberry in their lawsuit.

 

Finally, Mr Dickinson makes particular mention of the law firm Blackberry has hired; Quinn, Emanuel, Urquhart, & Sullivan. Evidently, Blackberry has hired the big guns of the patent litigation legal firms, and this law firm is a very powerful, important firm. To give an idea of how powerful and important this firm is, Vault.com lists Quinn, Emanuel, Urquhart, & Sullivan LLP 1st in general commercial litigation and 5th in intellectual property litigation.

It is also noted that Quinn, Emanuel, Urquhart, & Sullivan is the largest firm in the world of its kind, and its attorneys are very good at what they do. Attorneys for the firm have tried nearly thirteen hundred cases, winning over ninety percent of the time according to a 2011 article:

http://www.top-law-schools.com/quinn-emanuel.html


What does this mean and why this lawsuit is important for Blackberry? Per Mr. Dickinsen, it is important for Blackberry to flex ts muscle to protect its patents on occasion. BlackBerry’s patent portfolio is probably its most significant asset, and defending your assets by rattling your saber every now and then helps protect the assets Blackberry has.

 

[Jasmin]

More patent BS... can't make good phones? Let's sue everybody for everything...

[Dragonzeanse]

At least they didn't patent the rectangle.

[Guest]

Yes, I used those before, no I did not find them nice to work with.

Also why won't BB just die already. They are on their last legs.

[ThePointblank]

Update: Blackberry is seeking to block US sales of the Typo keyboard:

 

From Crackberry.com:

 

http://crackberry.com/blackberry-looks-block-us-sales-typo-keyboard

 

 

Things are starting to heat up now. As the Typo keyboard takes the iPhone world by storm, BlackBerry has now asked a California court to block sales of the device in the U.S. BlackBerry has accused the Seacrest-backed accessory of patent infringement (with good reason) even though some of the design elements differ slightly than those on the physical keyboard of the BlackBerry Q10.
 

BlackBerry alleges that the Typo infringes on two patents covering the design elements of a "handheld electronic device" and "an electronic device with keyboard optimized for use with the thumbs." They've asked the court to prevent Typo from "making, using, offering to sell, or selling within the United States, or importing into the United States, the Typo Keyboard." The motion also notes that Seacrest directly mentioned the Typo keyboard was inspired by BlackBerry, of which he was a long-time user.

The whole deal is getting a bit interesting so we'll have to wait and see just what pans out between the two from here. We're behind BlackBerry all the way (well Kevin is a bit in the middle) and think they have a solid case against Typo.

[ThePointblank]

Update: the Judge in this case deems two of the three Blackberry patents as 'valid', and will be issuing a ruling in regards to the requested preliminary court injunction against Typo to block sales:

 

http://www.bloomberg.com/news/2014-03-21/blackberry-tells-judge-seacrest-s-typo-copied-keyboard.html

 

 

BlackBerry Ltd. argued that Ryan Seacrest’s Typo Products LLC copied its keyboard before a judge who said two of the Canadian smartphone maker’s three patents in the case appear to be valid.

Kevin Johnson, a lawyer for BlackBerry, told U.S. District Judge William H. Orrick in San Francisco today that Typo’s copying in the design of an external case for Apple Inc.’s iPhone was “intentional and deliberate.”

The similarities between Typo’s iPhone case, which has a keypad that attaches to the iPhone 5 and iPhone 5s to allow users to easily tap out messages, and the keyboard for BlackBerry’s Q10 smartphone are “unmistakable,” Johnson said.

BlackBerry, based in Waterloo, Ontario, is seeking a court order blocking Typo from selling the $99 case. Typo has shipped at least 4,000 cases since January, the company said in court filings.

BlackBerry sued Los Angeles-based Typo in January, alleging Typo’s case infringes BlackBerry’s design and copies its inventions.

“If the consumer can look at this and say this product is ripping off BlackBerry and knows it’s not a BlackBerry product, how does that make a difference in my analysis?” Orrick said at the hearing.

Three Patents

Orrick said that it doesn’t appear that two out of the three patents at issue in the case are invalid. He said he will issue a ruling on BlackBerry’s request to block Typo sales “promptly.”

James Asperger, a lawyer for BlackBerry, said the company will suffer irreparable harm if Typo is allowed to continue to sell the case because it has invested billions in the development of its keyboard and has lost sales to customers who buy the case instead of a BlackBerry Q10.

BlackBerry has over the years lost business to Apple and Google Inc. (GOOG)’s Android devices. Its share of the global smartphone market tumbled to just 1.7 percent in the third quarter from 4.1 percent a year earlier, according to research firm IDC.

Olivier Taillieu, an attorney for Typo, said BlackBerry is trying to monopolize the keyboard market and many keyboards have the design characteristics that the smartphone maker is claiming it owns.

In a fairly related news, it appears Typo is editing and reposting reviews of its Typo keyboard to suit their needs and eliminate any references to Blackberry on their advertising:

http://crackberry.com/dear-typo-if-youre-going-link-my-review-your-keyboard-please-link-original-and-not-your-edited

 

 

Oh Typo, how you push my buttons. When it comes to the Typo Keyboard for iPhone, I've actually been 100% impartial in the matter. I've praised the Typo keyboard — a thing many BlackBerry users think is wrong of me to do — for being a good product, if what you're looking for is a BlackBerry-like typing experience on an iPhone. I've also expressed my mind repeatedly on how much I think the Typo keyboard looks like it was built by BlackBerry, I'm sure much to Typo's chagrin.
 

My modus operandi here is straight forward - let the lawyers sort it out. If BlackBerry wins (which as of today it's looking like that will happen), then see ya Typo, it was fun while it lasted. And if Typo wins, well, you know me — if I like it I like it — period. And in the case of Typo, I do like the product. Heck, I'd be happy to sell them in our iMore store or do some affiliate stuff with them. Clearly there is at least *some* demand for the product, and I like to help give mobile phone users what they want.
 

What doesn't make me happy though is when somebody takes my content, edits it to their benefit and re-uploads for use in marketing. That's absolutely not cool (and not legal), but that's what Typo just did with their recent mailer that went out, which you can see below.

It was VERY nice of Typo to put me as the first quote in their mailer, even in front of the venerable Walt Mossberg. What I don't approve is the link in their mailer which says Watch review HERE. Instead of linking back to CrackBerry's Typo blog posts or directly to our video on our YouTube channel, it links back to Typo's YouTube channel, where you can watch me review and say good things about the Typo keyboard.
 

However, Typo chose to edit down their version of this video, taking out two minutes of content. Their new version is quite compelling for Typo. A little less so than the original I put together which offered more balance and contained my man on the street interview where I asked passersby at CES what they thought about the look of the Typo keyboard. Not cool.

One of my old business mentors used to joke and say "If you're not getting letters from lawyers, you're not doing everything you can to grow your business." So while I can and will report the copyright violation on the edited and re-uploaded youtube video if it's not removed shortly, I thought first I would ask nicely here and give the heads up so they're not surprised when the request comes through.

Obviously, posting a link to a copy of a product review, heavily editing it, and presenting it as the original product review should not be considered fair use, and Kevin Michaluk and Crackberry.com are right to be upset with this.

[ThePointblank]

BREAKING NEWS:

Blackberry has gotten a preliminary court injunction against Typo Products preventing Typo from selling their keyboard:

 

http://www.theglobeandmail.com/news/world/blackberry-wins-court-order-against-tv-host-ryan-seacrests-typo/article17728192/

 

 

BlackBerry Ltd won a preliminary injunction on Friday to ban Ryan Seacrest’s Typo Products LLC from selling a $99 iPhone case after a judge agreed that television host’s company had likely infringed on BlackBerry’s patents.

U.S. District Judge William Orrick in San Francisco said that the Canadian mobile phone maker had established a “likelihood” of proving that Typo infringed its patents, while mentioning that Typo had not sufficiently challenged the patents in question.

The preliminary injunction prohibits Typo from the sale of its keyboard, which is a part of the relief sought by Blackberry.
 

“BlackBerry is pleased that its motion for a preliminary injunction against Typo Products LLC was granted. This ruling will help prevent further injury to BlackBerry from Typo’s blatant theft of our patented keyboard technology,” a spokeswoman for BlackBerry said in an email.
 

Typo was not immediately available for comment outside of regular business hours.

[Yoinkerman]

Just looking at the picture. . . it's really easy to see the resemblance.

[nicehat]

Good... Screw Typo!

[Gentleman_Sandwich]

It is very similar, that is for sure, but there's only so many ways you can layout a keypad.  I will laugh if Typo gets off on those couple extra keys in the bottom though!

 

EDIT: But dang, after I go to the article Typo's product looks sooooooo awkward!!!!

[LegendKillerRG]

Physical button, who needs that on smartphone nowadays...

[mr moose]

Come on guys, this one is clearly a legitimate claim.  Unlike many of the stupid claims bought on by patent trolls they actually developed this and it is a key component of their product.

 

 

P.S I'll take physical keys over a touch screen most days. not only do they have their place but half the phones on the market still have physical buttons.

[ThePointblank]

Come on guys, this one is clearly a legitimate claim.  Unlike many of the stupid bought claims on by patent trolls they actually developed this product and it is a key component of their product.

 

 

P.S I'll take physical keys over a touch screen most days. not only do they have their place but half the phones on the market still have physical buttons.

Indeed. I used to have a Blackberry Bold 9000 and it had an amazing keyboard that was extremely easy to type on. Made responding to e-mails and texts fast. I since switched to an all touch phone, and my typing speed has noticeably slowed down. If Blackberry is still selling phones in 2-3 years, I will get a phone with a physical keyboard due to the amount of e-mailing and typing I do on my phone.

[Guest]

How is that fast...the keys are microscopic!

[mr moose]

How is that fast...the keys are microscopic!

that's why they have that ridge on the inside edge of each button (part of the patent), it decreases that chance of hitting adjacent buttons while maintaining the smaller size of the keyboard. 

[rashdanml]

More patent BS... can't make good phones? Let's sue everybody for everything...

Blackberry does make good phones ... For the wrong market. Their devices have always been outstanding for business users.

Also, your comment is better suited for Apple.