1. jay_men's Avatar
    BlackBerry’s patent infringement lawsuit against instant messaging service Kik messenger, which now has more users than the smartphone maker’s own BlackBerry Messenger (BBM), has been dismissed after the two technology rivals settled out of court.

    The lawsuit originally filed in Federal Court in Toronto in 2010 alleged that the startup infringed on their patents and that founder and chief executive Ted Livingston used knowledge he gained during his time as a employee of then-called Research In Motion to create Kik in violation of confidentiality and code of ethics agreements. The case was dismissed with prejudice on Sept. 4, according to court documents.

    BlackBerry and Kik settle instant messaging spat
    Last edited by jay_men; 10-08-13 at 10:10 AM.
    richardat likes this.
    10-08-13 12:12 AM
  2. eldricho's Avatar
    Wow that was unexpected

    Posted via CB10
    10-08-13 12:14 AM
  3. zocster's Avatar
    Nice, I like both, as I use both lol

    Sent from my Z10 using Tapatalk now Free
    10-08-13 12:16 AM
  4. amazinglygraceless's Avatar
    Just helping you out with a proper link: BlackBerry and Kik settle instant messaging spat | Financial Post
    10-08-13 12:32 AM
  5. jay_men's Avatar
    I wonder what the settlement was? If the stories about the Kik founder is true, it's a missed opportunity that BlackBerry didn't take him seriously about making BBM cross platform in 2010 instead of making him leave to create his own BBM like cross platform service.

    Sent from my HTC One using CB Forums mobile app
    anon1727506 likes this.
    10-08-13 12:35 AM
  6. birdman_38's Avatar
    I've always thought it's a shame the app is offered on everything but BlackBerry. Maybe these developments will change that.
    10-08-13 12:43 AM
  7. Bold_until_Hybrid_Comes's Avatar
    Funny that Kik office is just down the road from BlackBerry
    Deanig_12 and richardat like this.
    10-08-13 12:47 AM
  8. eldricho's Avatar
    Funny that Kik office is just down the road from BlackBerry
    Yea, always found that amusing

    Posted via CB10
    10-08-13 12:52 AM
  9. amazinglygraceless's Avatar
    I've always thought it's a shame the app is offered on everything but BlackBerry. Maybe these developments will change that.
    From this comment it does not seem likely. Might be some hope for the legacy devices though as Mr Livingston still uses one (9900) and seems to be really high on it.
    Still, Kik has no plans to develop a version of their popular messaging app for BlackBerry 10, he said.

    “Honestly, there are just no BB10 devices we like,” Mr. Livingston said.
    10-08-13 12:54 AM
  10. birdman_38's Avatar
    From this comment it does not seem likely.
    Lol I didn't notice that in the article.
    10-08-13 01:21 AM
  11. Brutal Efficiency's Avatar
    It's a shame. BlackBerry didn't whip their pants off.

    Even bigger shame they didn't go with cross-platform earlier.

    BlackBerry Bold 9900; Q10; Z10
    10-08-13 03:21 AM
  12. playbookster's Avatar
    I wonder how much the settlement was for

    Posted via CB10
    10-08-13 09:30 AM
  13. jay_men's Avatar
    I wonder how much the settlement was for

    Posted via CB10
    Maybe BlackBerry settled for a percentage of future revenue or some intellectual exchange? I don't know if Kik has the funds to pay for a cash settlement right away.
    10-08-13 10:26 AM
  14. BBThemes's Avatar
    Maybe BlackBerry settled for a percentage of future revenue or some intellectual exchange? I don't know if Kik has the funds to pay for a cash settlement right away.
    isn't that a major tactical error though? If BlackBerry were the ones being paid out to (which nobody knows which way it went) then it means they had a case, and could easily of pushed a cross platform chat client through court and caused them issues, so IF (big if) BlackBerry were the ones in the right, then they were silly for backing off.

    This settlement is actually not a good thing for BlackBerry
    10-08-13 12:47 PM
  15. jay_men's Avatar
    isn't that a major tactical error though? If BlackBerry were the ones being paid out to (which nobody knows which way it went) then it means they had a case, and could easily of pushed a cross platform chat client through court and caused them issues, so IF (big if) BlackBerry were the ones in the right, then they were silly for backing off.

    This settlement is actually not a good thing for BlackBerry
    Kik has more users than BBM and is still growing. There might not have been enough justification to totally shut out Kik from the market (as seen with them continuing business for the last 3 years) but enough evidence to penalize them. I'm guessing BlackBerry did not want to continue to draw it out and waste any more resources on this situation. IMO there would have been no benefit anymore to try to shut them down completely at this point with there being other players in the messaging space. BBM was tactical when it was exclusive to BlackBerry devices but the market has proven that USP doesn't last forever. Whatever they agreed on must have been significant enough for it to have "settled with prejudice". A licensing deal could have been struck as well.
    10-08-13 01:30 PM
  16. JeepBB's Avatar
    I'm no lawyer, but I was curious so I googled "dismissed with prejudice".

    A civil matter which is "dismissed with prejudice" is over forever. This is a final judgement, not subject to further action, which bars the plaintiff (BlackBerry in this case?) from bringing any other lawsuit based on the claim. It is done when the judge determines that the plaintiff (still BlackBerry) has brought the case in bad faith, has failed to bring the case in a reasonable time, has failed to comply with court procedures, or on the merits after hearing the arguments in court.

    So, given that definition of the term I'm doubtful that the settlement involved any cash going to BB.
    anon1727506, qwerty4ever and Etios like this.
    10-08-13 02:15 PM
  17. anon1727506's Avatar
    I'm no lawyer, but I was curious so I googled "dismissed with prejudice".

    A civil matter which is "dismissed with prejudice" is over forever. This is a final judgement, not subject to further action, which bars the plaintiff (BlackBerry in this case?) from bringing any other lawsuit based on the claim. It is done when the judge determines that the plaintiff (still BlackBerry) has brought the case in bad faith, has failed to bring the case in a reasonable time, has failed to comply with court procedures, or on the merits after hearing the arguments in court.

    So, given that definition of the term I'm doubtful that the settlement involved any cash going to BB.
    The article said the BlackBerry and Kik settled out of court and then the case was dismissed. So I think there was an agreement reached.

    But the fact that Livingston was interviewed and he is "happy with the settlement", while there was no comment from BlackBerry, I don't think it was a huge success for BB. Which is another reason I don't think the BB Patent portfolio is worth nearly what many here hope it is.
    10-08-13 02:41 PM
  18. jay_men's Avatar
    The article said the BlackBerry and Kik settled out of court and then the case was dismissed. So I think there was an agreement reached.

    But the fact that Livingston was interviewed and he is "happy with the settlement", while there was no comment from BlackBerry, I don't think it was a huge success for BB. Which is another reason I don't think the BB Patent portfolio is worth nearly what many here hope it is.
    It may be wishful thinking, but it could be a "strategic" response for BlackBerry not to say considering everything that's happening with the company and the public backlash between Samgsung / Apple ongoing disputes. This is another possible black eye that they can avoid quietly.
    10-08-13 02:55 PM
  19. BBNation's Avatar
    One guy can get kik out years ago and BlackBerry cannot get old, robust, known product to other platforms. Shame. Remember bbm does not need to be redesigned.

    Posted via CB10
    10-08-13 06:04 PM
  20. faruki3192's Avatar
    Kik sideloading sucks
    They need to make Kik for z10

    Posted via CB10
    10-19-13 12:45 AM

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