02-11-14 08:25 AM
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  1. FOR RIM's Avatar
    Typo Products, the start-up being sued by BlackBerry over an iPhone keyboard add-on, has come out swinging against a demand that its product be taken off sale in the U.S.

    The company, which has garnered attention in part because it’s backed by TV and radio personality Ryan Seacrest, submitted a 26-page argument to a California court late Wednesday against BlackBerry’s demand for a preliminary injunction preventing sales of its keyboard.

    BlackBerry’s request, made in January when it launched its lawsuit, is a common one in such cases.

    For it to succeed, BlackBerry has to convince the court that a number of conditions have been met: that it would probably win the case, that it would suffer “irreparable injury,” that such injury would outweigh the damage to Typo from the injunction, and that it would be in the public interest.

    Typo, not surprisingly, argued in the U.S. District Court for the Northern District of California that BlackBerry’s complaint doesn’t satisfy any of those conditions.

    The company said BlackBerry’s patent claims are invalid, that it won’t suffer serious harm because its products aren’t selling that well anyway, and that it has focused on the enterprise market while Typo is targeting consumers.

    “BlackBerry seeks a monopoly on keyboards for any device. Regretfully, however, small keyboards with nearly identical layouts as the one ‘claimed’ by BlackBerry have been around since the mid-1980s,” Typo said in its filing.

    BlackBerry’s original complaint didn’t dispute the ability of competitors to make products with keyboards but rather the numerous similarities it alleged there are between the “iconic design” of its keyboard and the Typo keyboard.

    “No one looking to buy a BlackBerry phone, because of an alleged ‘resemblance,’ would buy a case with a physical keyboard instead. Typo keyboards are sold on Typo’s website, cost $99.00, and are for people who already own an iPhone. BlackBerry phones are sold on its own website, cost $549.00, and require activation from a cell phone carrier. No consumer will be confused,” said Typo.

    The filing also revealed a little about Typo’s current business.

    It said it had invested US$1.4 million in the development of the keyboard and had so far sold 4,000 of the devices. Its maximum monthly production is currently at 10,000 keyboards.

    BlackBerry could not immediately be reached for comment.

    BY PCWORLD
    02-06-14 06:47 AM
  2. redsaph's Avatar
    BlackBerry's lawyers must be aggressive on this.

    Posted via CB10 | Z10STL100-1/10.2.1.1925
    02-06-14 06:51 AM
  3. jafrul's Avatar
    They've been offensive alright..
    But just as a back up plan, they've opened up a shop selling other TYPO products in Kuala Lumpur.

    Typo goes on offensive against BlackBerry-img_20140202_184847.jpg

    Posted via Awesome Astro flying10.2.1.1925 on CB10. For a regular dose of Quotes, subscribe C001190A9 .
    xtremez likes this.
    02-06-14 06:55 AM
  4. MrGlenn's Avatar
    The court should just throw out this entire case because all documents from both parties contain way too many Typos.
    _____

    That said I think their complaints are pretty standard. Everyone would respond to an infringement lawsuit with 'we do not do that', regardless of the facts.

    BlackBerry 10 signed.
    Last edited by MrGlenn; 02-07-14 at 08:39 AM. Reason: Because of the spelling police.
    02-06-14 07:00 AM
  5. Paul Collins4's Avatar
    Take typo out blackberry. Win the case

    Z10STL100-2/10.2.1.1925
    02-06-14 07:46 AM
  6. Poirots Progeny's Avatar
    Im hoping this is an open and shut case. It is ridiculous this is going on, i hope it is not a long and protracted contest - i can see how someone might spin this as a David and goliath situation, negative press and all that.

    Sent from Tapatalk
    rai187 and q649 like this.
    02-06-14 07:54 AM
  7. THBW's Avatar
    BlackBerry should defend itself and they does appear to be a pretty good case for patent infringement.

    But on the other hand, it is a flimsy product that breaks quickly, a huge battery drain and ugly as sin. I don't see gaining much traction.

    Posted via CB10
    Karan Mohal likes this.
    02-06-14 07:55 AM
  8. BitPusher2600's Avatar
    I wonder if it depends on how much the judge and jury want a keyboard on their iPhones. We know how much fun everyone has trying to disregard BlackBerry anymore. If the case is handled honestly, there's no way BlackBerry should lose. Apple managed to make a case against Samsung for one of their Galaxy devices looking like an iPhone and I didn't think they were even closely matched in appearance. How does this thing not look exactly like the Q10.

    Posted from BitPusher's Q10
    wincyUt, JesseBabe23 and CollBERRY like this.
    02-06-14 07:57 AM
  9. gnirkatto's Avatar
    As a layperson in legal affairs, I'm always wondering about these US American court cases and the conditions that have to be met to succeed.
    I mean, this thing looks, tastes, smells like a Q10 keyboard. It is so obvious that the design was brazenly stolen from BB. And the conditions that have to be met do not at all refer to this steal.
    Odd world.
    02-06-14 08:06 AM
  10. wincyUt's Avatar
    BlackBerry has got nothing to lose but to see this fight to the very end. It is a "We will defend our territory" fight for BB.
    02-06-14 08:27 AM
  11. BBUniq01's Avatar
    Not watching Idol anymore.

    Zed 10 with 1925 leak
    nico2004 and ThunderShock2005 like this.
    02-06-14 08:41 AM
  12. dew066's Avatar
    We will see how this unfolds. Unfortunately BlackBerry is not well liked in the US anymore, I just hope that doesn't affect the outcome.

    Posted via CB10
    02-06-14 08:50 AM
  13. Poirots Progeny's Avatar
    I don't think it is a matter that "blackberry isn't liked in America" or whatever.

    It's more to do with the fact that the IP system, and patents included, needs an overhaul. Just look at King Software and the whole "saga" debacle. Only in a broken system would that ever hold water. Good grief. Hope BB knocks this one out of the field!

    Sent from Tapatalk
    02-06-14 09:05 AM
  14. FR33MAN's Avatar
    They forgot to mention that to use Typo keyboard you need to buy an iPhone before...

    Posted via CB10
    fragment137 likes this.
    02-06-14 09:24 AM
  15. bradpromac's Avatar
    Hmm... 1.4 million and only 4,000 units sold? Throw that on shark tank or dragons den!

    On my awesome BlackBerry Z30
    nico2004 and fragment137 like this.
    02-06-14 09:32 AM
  16. Poirots Progeny's Avatar
    They keep doing those numbers, at that price, month on month and they're going to break even quick. Frankly i am surprised they sold as many as that - and can produce 10,000 a month!?

    Sent from Tapatalk
    02-06-14 09:37 AM
  17. KenFletch's Avatar
    as I suspected they they thought they would be OK because of the weakness of Blackberry, central part of this argument. Can't hurt then because they are already on the ground ... not an argument that gets traction in court.

    Each point in their defense is pretty much irrelevant. BB has filed patents and using patented ideas/concepts without paying is the damage and BB doesn't need to allow use of these patents as there are many other ways to make a keyboard. Whether BB makes any phones ot not is beside the point ... see Google and phone patents ... out of the phobne hardware biz but holding phone hardware patents for their intrinsic value.
    Namwan likes this.
    02-06-14 09:42 AM
  18. bspence87's Avatar
    Is anyone?

    Why do you think Seacrest is trying other ventures.. shows how talentless he really is, aside from pretending to be cool.
    02-06-14 09:50 AM
  19. bradpromac's Avatar
    They keep doing those numbers, at that price, month on month and they're going to break even quick. Frankly i am surprised they sold as many as that - and can produce 10,000 a month!?

    Sent from Tapatalk
    Factor in legal fees and a potential judgment against them if BlackBerry wins this lawsuit

    On my awesome BlackBerry Z30
    02-06-14 09:50 AM
  20. bjschey's Avatar
    If what was typed there is what Typo is claiming, it certainly doesn't make their case. "BlackBerry not selling well" is not an excuse to infringe on their patents. Nothing from the 80s is even relevant in this case either. BlackBerry holds the patents today, and Typo infringed on those patents. Its as simple as that, and their product is proof of it.

    Give the judge both products with the screens covered (like CrackBerry did at CES) and if he can't tell you which is the BlackBerry and which is the Typo, then it is clear that Typo deliberately copied BlackBerry's keyboard and infringed on their patents.

    Posted via AT&T BlackBerry Z10 Smartphone
    02-06-14 09:52 AM
  21. togarika's Avatar
    BlackBerry should just buy Typo. Simple and straight forward. Problem solved
    nico2004 likes this.
    02-06-14 10:05 AM
  22. SparkyBC's Avatar
    Typo blatantly ripped off blackberry. I doubt they actually spent more then $1000 in r&d. The real cost would be for tooling for production.

    Being focused more with enterprise customers then consumers has nothing to do with ripping off almost a perfect q10 keyboard for their financial gain.

    Typo will lose in the end.

    Seacrest out....
    stlabrat likes this.
    02-06-14 10:13 AM
  23. jojo beaconsfield's Avatar
    Good free publicity for BB,Typo is doing BB a favor.
    02-06-14 10:21 AM
  24. mtpelepele's Avatar
    As a layperson in legal affairs, I'm always wondering about these US American court cases and the conditions that have to be met to succeed.
    I mean, this thing looks, tastes, smells like a Q10 keyboard. It is so obvious that the design was brazenly stolen from BB. And the conditions that have to be met do not at all refer to this steal.
    Odd world.
    Those conditions don't affect the court case. Those are the conditions that must be met for the courts to order Typo from selling prior to the actual trial.
    02-06-14 10:23 AM
  25. zar1964's Avatar
    Anyone can see that it's a copy of the Blackberry keyboard

    I'm with you Blackberry
    02-06-14 10:35 AM
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