BlackBerry moves one step closer to shutting down Typo

By Adam Zeis on 24 Mar 2014 09:47 am EDT
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The battle between BlackBerry and the look alike iPhone accessory, Typo , has been going on for a few weeks now. BlackBerry is suing Typo and claims that their iPhone keyboard accessory infringes on multiple BlackBerry patents — and also looks a lot like the BlackBerry Q10 keyboard. Things in the case have been a bit back and forth with nothing showing a clear winner on either end.

BlackBerry is one step closer to a win today however as U.S. District Judge William H. Orrick has said it does not appear that two of the three patents in question in the case are invalid, as Typo claims. “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. Orrick will be issuing a ruling on BlackBerry's request to block the sale of the Typo "promptly."

BlackBerry lawyer, James Aspberger, says that the company will suffer irreparable harm if Typo sales continue, stating that the company has invested billions in the development of their Q10 keyboard and has also lost sales to those that buy a Typo case instead of a Q10.

Olivier Taillieu, an attorney for Typo, says that BlackBerry is trying to monopolize the keyboard market and that many other keyboards also have the same characteristics that BlackBerry is trying to claim as their own. “The Q10 by and large was a failure” and “has literally not sold.”

Typo says that BlackBerry's claims against them lack merit and the patents aren't valid and can't be enforced.

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BlackBerry moves one step closer to shutting down Typo

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Just the fact that Typos keyboard so much like the Q10's keyboard should be enough to stop it

Posted via CB10 with my  Z30

This isn't necessarily true as patents have been granted in the past only to be voided and invalid upon further examination by patent offices.

A lot of Apple's iPhone patents have been granted only to be invalidated after lawsuits and re-examination.

Really hope BBRY can validate these patents.

Posted via CB10

This is a no win situation for the stock price. If the ruling goes against BlackBerry the stock falls sharply. If the ruling is in favor of BlackBerry the stock doesnt react. Same old..same old.

Posted via CB10

"The Q10 by and large was a failure and has literally not sold.”

Humm. This is a strange rebuttal. It matters not if any of BB's Q10 were 'sold'.
Many patents and copyrights are valid though no profit or sales were made from them.
An 'intellectual right' is a right.

On announcement, this was a 'million dollar' investment in the Typo product.
I guess it will be a million dollar tax loss.

They kinda admitted to ripping of BlackBerry because the Q10 failed and tthey think it's ok lol

Posted via CB10

Exactly. So what if it didn't sell, ass clown (lawyer?) Next thing we know, they'd be pulling an Apple and saying they invented the revolutionary fretted keyboard.

Yeah, this is the attitude that ticks me off. Translation is that it's okay to kick someone when they're down, because you know, they're down.

The keyboard is iconic and it's one of the few things BlackBerry remains best at, which even the haters will admit.

Glad BlackBerry is putting up a fight.

Posted via CB10

And not just that. Even if one product failed doesn't mean BlackBerry will never again release a winner with that same Bold style keyboard.

Happy to type this from a failure. The "failure" serves me well on a daily basis. And has never failed me so far... (oh, a freeze or two, and a few minor bugs)

Kevin managed to trash the Typo keyboard after two or three days? Talk about failure...

"No Q10?" -> "Buy from Chen... "

The Q10 has sold we here know it. But could the case not be made that sale would be better if it weren't for the Typo? Seems like their lawyer shooting himself in the foot IMO

Posted via CB10

Unfortunately the Q10 was doing a great job of not selling long before the Typo keyboard accessory came along.

Posted via CB10 on Z30 STA100-2 /10.2.1.2141 on O2 UK - Activated on BES10.2.1

Ive seen more Q10's out in the wilds than I have Z10, Z30 or Q5's. seacrust hasnt a clue, nor does the lawyer. but the lawyer doesnt really care, he gets paid whether or not they win. for the lawyers anything that happens is a win for them. I could see it get dragged on so the lawyers make some serious coin.

With respect to damages, BlackBerry can basically argue that every single Typo sale would have been a BlackBerry sale.

Posted via CB10

All the things being quoted kinda make me wonder why he was not fired by Typo, really. If I were Typo, I'd be getting a new layer pronto. lol...

So if one is valid, they have to pay up or shut down.

Good stuff out of a lawyer's mouth...

"No Q10?" -> "Buy from Chen... "

WTH that's technically a not a double negative. Just a really stupid way of saying it. And I quote: "BlackBerry is one step closer to a win today however as U.S. District Judge William H. Orrick has said it does not appear that two of the three patents in question in the case are invalid, as Typo claims." so either Adam really jacked up this sentence, or 2 of the patents are valid (not invalid)..

Lol

It's doesn't appear the patents are invalid. Meaning the patents ate valid. But their validity are irrelevant if someone off the street can see that obviously the typo is ripping off BlackBerry.

I hope they get gooood monetary damages out of this. But does the plaintiff have the burden of proving the extent of damages (i.e. how many units Typo sold,) or will the defendant have to provide this information to the judge, and therefore assist in the case against itself. General legal question.

If you followed the Apple vs Samsung patent lawsuits, Apple provided, and Samsung had to reveal sales figures to the judge and jury to determine a monetary Valuation of the harm done.

Posted via CB10

That rings a bell, thanks. What did Apple provide, or did you mean just proved that there was damage?

No, Apple showed some of their sales figures and forced Samsung to reveal some of their sales numbers as well, obviously against their will, but by court order. I think it was to formulate a monetary number owed. As in, if you sold a million devices, we are owed a certain percentage of each unit sold.

Posted via CB10

Not sure why Apple had to, I think it was Samsung that was counter suing that made this happen. Not sure but made for an interesting read to see how many units apple actually sold.

Posted via CB10

I have a Q10 and it's def not a failure! Ppl remember the Z10 was released first so Ppl that could/didn’t want to wait for the Q didn't. I think they should have released them at the same time so the consumer had a choice. I didn't wait and got the Z on release day here in Canada but just recently went back to the physical keyboard and I'm glad to say I love it more than the Z. It's still the corps and die hard BlackBerry users that stick with the keyboard to get the job done. As I have said before, BlackBerry still has the best physical kb on the market as well as now the best virtual kb hands down!

From the Zed10 to the Q10!

You just proved that BBRY's sales strategy was correct (although overall with a woefully inadequate marketing strategy I'll admit). Instead of just selling you a Q10, you bought both the Q10 and the Z10! Heck I did nearly the same thing. I bought the Z10 right away and have now upgraded after only 12 months to the Z30! :) thus maximizing sales from their hard core users. And guess what? the Q20 is coming out! I'd bet more than a handful of Q10 and Z10 users will buy that too! :)

If "many other keyboards also have the same characteristics that BlackBerry is trying to claim as their own" and "The Q10 by and large was a failure" and "has literally not sold." then why did you copy the look of the Q10? Wouldn't it have made more sense to come up with your own design instead of something that so closely resembled a "failure"?

Idiots!

Lol I think something is up with Typo's lawyer. Couldn't he find arguments stronger than that? Those statements.... smh

Loving My SexyBack Z10!

He's just in it for the $$ he gets paid to go to court. He can't do much than put some weak sauce on his arguments if that's all he got.

I flick!

@nerdy: according to that lawyer, you typed your message with a smartphone thar couldn't be sold (?) Hmmm :)

Posted via CB10

“If the consumer can look at this and say this product is ripping off BlackBerry and knows it’s not a BlackBerry product .."

Above says it all.

Posted via CB10

It "literally hasn't sold"?

Considering I have a Q10, they've sold at least one. And I know/have seen at least 3-4 other people who have one. I believe his statement is incorrect.

Posted via the super amazing BlackBerry Q10

BlackBerry should win this lawsuit and rip money off typo as damages...

Hmm.. 100 million dollars seems to be nice... or maybe more!

Posted via CB10

Typo is unbelievable. What the hell is wrong with them. They STOLE plain and simple there THIEVES! And now they're actually trying to defend their thievery in court PATHETIC!

Posted via CB10

The Q10 was not a failure but is an awesome device that has been a huge benefit to my daily needs in business!

Posted via CB10

What does the Q10 not doing well have to do with anything? If that is the best line of defense they have, BlackBerry will wrap this up in no time.

Powered by BlackBerry

BBRY could argue that because of typeos rip off of their keyboard it cause the Q10 to not sell as well feeding into proof of damages.

"BlackBerry lawyer, James Aspberger, says that the company will suffer irreparable harm if Typo sales continue, stating that the company has invested billions in the development of their Q10 keyboard and has also lost sales to those that buy a Typo case instead of a Q10."

I'm all for BBRY winning this one, BUT this statement is comical to me. One, I'm not sure how Blackberry can prove it lost sales if someone bought the TYPO keyboard. The main reason being this consumer already has an IPhone, so clearly its not as if they bought the typo keyboard first and then the iphone. Secondly, it isn't a one or the other in this case. It's not a Blackberry or a Typo. Consmers have long been outspending on full touch devices compared to keyboard devices, so I think comparing an add-on accessory to an actual device is an apples to oranges comparison.

What is clear though is that the add on so closely resembles a Blackberry keyboard that a patent was likely infringed, however that doesn't mean consumers would have chosen Blackberry over an Iphone if no such product existed.

One could argue that if an iPhone user wanted a keyboard bad enough then he may be compelled to buy a Q10 if the Typo does not come to market.

Your argument is flawed. If he/she bought an iphone already, they obviously were not swayed by the typo product one way or the other. If the keyboard is what the consumer wanted they would have started with a Q10.

Look either way you slice or dice it, BBRY can contend it hurt sales - however that really isn't whats in question. They are defending their patents - good for them. I hope they win. but don't b*tch and moan about lost sales. That makes them look naive.

I am impressed by your grasp of how you know why people buy what they do, and how you totally understand that people's needs never change because it doesn't fit your viewpoint. I am sorry that for a moment I believed Typo's customers may have actually wanted a keyboard for their phones.

I'm impressed with your knowledge of saracsm.

If TYPOS customers wanted a keyboard they could still buy a Q10. Or could have bought it to begin with.
If your contention is that existing Iphone users, would have made the switch to Q10 had the typo keyboard not come along, than perhaps you are naive, like Blackberry is in saying it hurt sales.

Get a grip. BB is defending PATENTS, I would be absolutely SHOCKED if they have any hard evidence that suggests it hurt sales. Mainly because it would be almost impossible to prove, but secondly because the Q10 was already an option to iphone users before-hand.

Your logic is flawed. You forget that wants change, prices are different. And that a time line exists.

Person buys iPhone. Q10 comes out. User debates buying. Typo comes out. User buys typo instead.

There are a ton more scenarios. But your 'if they want a Q10 they would buy one' logic is fundamentally flawed.

Posted via CB from my LE

Dude I have had say I totally agree with you. After reading that from BlackBerry's lawyer it got me thinking that they're vulnerable to make sales of their Q10. Like this is about "Patent Infringement" not Q10 sales.

Powered by my BlackBerry (Z10). Join my #BBM Channels C001227CF, C00476C37, C003829C9, C002454C9,C002190AC, C00120CE3

Lol

Powered by my BlackBerry (Z10). Join my #BBM Channels C001227CF, C00476C37, C003829C9, C002454C9,C002190AC, C00120CE3

Indeed. Seacrest himself is an ex-BlackBerry user, probably why he knows the BB keyboard is the best out there and wants to add it to its iToy.

Though, Kevin said it didn't feel the same as a Q10 keyboard, and broke it. Anyway, another story!

"Literally has not sold". I know at least 4 or 5 people with then. That means they literally have sold.

BB Proud

I love what the judge said...its so true if a consumer can look at the device st a glance and say it looks like a blackberry keyboard and it's not a blackberry device that clearly state something is up....sometimes common sense is more than enough to win a court case lol

Posted via CB10

I don't know how the judge can think typo is a rip off the iconic BlackBerry keyboard. Come on, did the judge note how the keys fail to register and then fall off after a week of use. Of course not. Definitely grounds for appeal.

Posted via CB10

Actually, that's a whole additional ball game: if you make an inferior knockoff that people might think is the real thing, you can be sued because of the potential bad effect on their market perception (i.e. damaging the goodwill of the company.)

Cosign. Clearly the Q10 "not selling" isn't due to the keyboard - a sentiment they obviously share, otherwise, they wouldn't have copied it. Lol The other issue I have is they act like there are other phones on the market with keyboards this similar. My fault....they're right. I have seen other phones with a similar enough keyboard. They're called BlackBerries!! Duh! Lol.

I hope they get shut down and pay BlackBerry millions just for being disrespectful.

Posted via CB10

So why doesnt BB just make an offer for Typo (Buy it), and improve the product and sell it to be used on iphones. If for now they can't beat them then join them.

They dont need to b/c they will get licensing revenue instead.. wont cost BlackBerry a dime!

Posted via secure bb10.2.1.2102

Typo is just a jumpy up-start. They're acting very defensive and attacking BlackBerry's current situation without cause.

The definition of a Bully. The funny thing is that they messed with a company that even when it's not doing well has vast amounts more legal ground to stand on.

Kick their asses BBRY, show you aren't going down.

Also, Does anyone else think that this needs to be heavily publicized? I'm very aware of the lack of media coverage on this particular case.

It does! I've got a Z10 but the Q10 is a great keyboard to type on, nice and well spaced out and the whole phone feels solid. I don't see Q10's shattering within a few weeks of use.
As for publicising, can't see why the judge doesn't do what the UK Court of Appeal did to Apple when Apple tried to sue Samsung for patent infringement and lost. http://www.androidcentral.com/apple-take-out-ads-saying-samsung-isn-t-co... As a summary, Apple tried to claim Samsung Galaxy Tabs were iPad ripoffs. Court said no they weren't and that since Apple had been going around claiming Samsung was a copycat they had to publicise on their webpage and in newspaper ads the court judgement. Don't see why Typo and Seacrest aren't made to do the same.

It ain't over until it's over.....

How are BlackBerry trying to monopolise the keyboard market. BlackBerry is seems to be the only smartphone manufacturer still making keyboard devices.

All the other smartphone manufacturers abandoned the keyboard market in favour of touchscreen .
Motorola (droid Series) , Nokia (E- series) and the latest Asha series , Samsung (chat) have all produce keyboard devices .

I hardly call that a monopoly.

Change the design completely. It has to look nothing like any other BlackBerry device keyboard including Pearl, Curve and Bold .

Posted via CB10

Couldn't they just change the dang keyboard not to be such a blatant copy if the q10 and move on.

Posted via CB10

There have been phones with Keyboards that don't come close to looking like a Blackberry and have sold without any problems. Typo has to redesign that keyboard so it doesn't look like a blackberry.

Posted via CB10

So in other words he basically said the phone flopped so it's OK if we blatantly copy it because it'll sale on a iphone

Posted via CB10

If the Judge can't see that typo keyboard is the same as blackberry Q10 then he is blind as hell.....and maybe in need for some glasses but this shouldn't be hard for the judge to decide that typo did rip blackberry keyboard..... and the case still gos on.....?

Posted via CB10

I say everyone that has a Q10 post a picture of it and send it to typo's email address with the title "Q10 has literally not sold? "

Hahaha

Posted via CB10

This is the only email address I could find, apparently they use it for everything from support to info, i guess to sales seeing as how they don't have any other email address (and no phone support yet)

Why would someone make a keyboard accessory that looks like a BlackBerry keyboard? Does this mean, it's OK to build after market Ferrari look alike body shells for entry level cars? Just don't brand it as a Ferrari, and you can continue to make money with them? Let's see if Ferrari will sue your A**!!

Posted via CB10

Great News for BBerry! Hey apple lovers if you want a Qwerty Keyboard, duh! buy a BlackBerry Q10 and in time maybe a Q20 and stop perpetrating! Lol in other words roll with a Champ! and Dump the Chump! Lmao

Posted via CB10

Post it from iGrann, not make that "posted from my iPhone" mistake after you've stripped those infringing typo shells from their iPhones....

"No Q10?" -> "Buy from Chen... "

I'm a keyboard guy, and glad about it. I was making too many errors with my fat thumbs on the software keyboard. Hope QX0 is available for my next upgrade a year from now.

Posted via CB10

"Literally not sold" great misuse of the word "literally". Better use would of been "I literally am about to lose this case"... lawyer needs to learn english lol

Posted via CB10

Is TYPO on Crack? Falsely claiming the Q10 does not sell well. What kind of argument is that? LOL.

I not only hope BBRY wins this hands down, I hope the courts force this TYPO nonsense to abandon the keyboard, and pay both BBRY and the courts damages in the $Millions$, to the point they no longer can run as a business.

Posted via CB10

You could certainly send a pic of the Z10 keyboard! Obviously, it contains the same straight frets, similar font, and is stylistically the same!

Posted via CB10

Of course, unlike when Typo "told" the court that BB's patents were "invalid," there is barely any press coverage of this. I think Typo may have blown that last of their Seacrest money with that press release. Unfortunately for them, Federal judges aren't swayed by sophomoric publicity stunts.

Love to see BlackBerry win, after taking loses for so long...seems like they were forced to take a fall since they were sooo profitable...all they had to do was make good games and a REAL all touch device sooner than they did to stay in the forefront. but, the climb back to the top or at least to a respectable "3rd" is always harder than the first climb.

Posted via CB10

Haha typos lawyer thinks that the q10 hasn't sold. Probably sold better than typos keyboard and Facebook phone combined.

Posted via CB10

"Not sold..." LMAO, I have two Q10's and know of many more people who use one. Yet, I haven't seen one typo crap case in public yet, because it's stupid and the typo product sucks.

Posted via CB10

All the iphone users I know would never attach such a hideous peripheral to their device and would prefer a Q10 over a typo peripheral.

Posted via CB10

Seems like the lawyer's defense is just, "Because BlackBerry sells less phones than other companies, we should be able to copy their designs." He comes across as a serious a$$.

Posted via CB10

The judge probably picked up the typo and thought this is just like my BlackBerry . If the lawyers are over 30 they all did too.

Posted via CB10

“The Q10 by and large was a failure” and “has literally not sold.”

Wait, remind me what I'm typing on again?

Posted with my CB-Q10 using the power of " Q "

Why why why did typo copy a BlackBerry keyboard they could have done a million things to make it original but no they copied BlackBerry. Stupid! Now paying a moronic lawyer to dig an even bigger hole. That's not stupid that's acting like a prick.

Tapping and flicking on my Zed 10

I swear, if I see a single Typo on an American Idol show, I'm going to puke. They'll probably insert one into one of those stupid fake Ford "commercials" with everyone singing like they're happier than a pig in ****. Everyone that sees it will think it's a BlackBerry. HA

How to make enemies for life... “The Q10 by and large was a failure” and “has literally not sold.”

I literally bought mine.

Posted via CB10

They could have at least made it some stupid color and not black since iCRAP users are hipster dou***bags.

Blackberry all the way

Posted via CB10

Trashing the Q10 saying it's a failure and never sold? Never sold? Really? It sure did sell! Asshatclowns, why don't they check research before saying that shit. Fucking dirtbag lawlyers.

Posted via CrackBerry 10 (CB10) application using my BlackBerry Q10.

I'll believe it when I see it. Until then, I am not very optimistic. My best guess is that Typo will merely get a ceremonial slap on the wrist, and nothing substantial will change.

I hope to be proven wrong.

Oh really Oliver, the BlackBerry Q10 has literally not sold? Then what am I holding in my hand?

Posted via my love powered Q10

Whoever says it doesn't look Q10 keyboard is crazy. Even the print in the keys look the same.

Blackberry shut them down.... or make them pay royalties

Posted via CB10

Perhaps BlackBerry should round up every Q10 owner on the Planet and ask the Typo lawyers to explain to each of us how we don't qualify as legitimately existing.

Go Get 'em BlackBerry! I really hope that they shut them down and fast. It is appalling to me that they would argue that there are similarities to the BlackBerry physical keyboard. I think that they're morons.

Posted via CB10

Hey I just got a crazy idea. why doesn't BlackBerry make typo like keyboards for z10 and z30? I would very much prefer it. Instead of shutting down typo, BlackBerry should buy it! what ya say?

Posted via z10

BlackBerry is trying to monopolize the keyboard. Whatever. There are plenty of devices that have or had keyboards, none of them looking like a BlackBerry keyboard, until Typo came along.

Posted via CB10

This is at the baby stages. The jusdge seems to be saying that he is throwing out one of the patents and that there will be a trail on two of them. BBRY is FAR from proving that the patents are vaild and likley has a LONG WAY to go to prove that their patents trump the prior art in the market for keyboards.

According to the former director of the US patent and trademark office, the case is not as clear cut as there are several factors involved when determining if there has been a patent infringement, and basing it on looks alone isn’t enough.

Typo’s lawyer, Olivier Taillieu, argues that BlackBerry is attempting to monopolize the keyboard market and that BlackBerry has not shown that the sales of devices are driven by the popularity of its keyboards.

The fact the Q10 is a well documented bomb/market failure is relevant as it relates to damages and/or the fact that the keyboard is a big driver of sales, because if sales are very low, which they are, the whole argument is economically moot.

Posted via CB10

BlackBerry should sell a combo keyboard/charger for iPhone and get some $$$ out of the icrap people

Posted via CB10

Shame on typo lawyer. Q10 is probably your choice in smartphone prior to getting hired by typo.

The Q10 rocks. Someone do a background check.

Posted via CB10

Wow, I'll definitely try not to piss off blackberry, they are litigious as f***! Not that the other players in this sector are any less so.

BlackBerry Q10 on TMO 4G prepaid

Of course Apple would make a keyboard device. There is still nothing better than having a keyboard - Apple should not be allowed to keep it and more people should get BlackBerrys, esp Q10. I love mine.

Posted via CB10