Typo Products asks judge to dismiss infringement claims of BlackBerry's keyboard

By Bla1ze on 20 Feb 2014 12:54 am EST
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The BlackBerry vs. Typo Products saga is far from over but it's certainly moving now. Recent events placed Typo Products in front of the Federal Court to speak to the Judge presiding over the case to rule that the patents have not been infringed and to make some of the claims invalid effectively dismissing every claim in BlackBerry's complaint with prejudice and protect them further copyright infringement claims from BlackBerry. 

One highlighted reason for the request according to Typo Products was that one of the patents in BlackBerry's claim is not really valid due in part to the design being widely available for sale in 1988, prior to the approval of BlackBerry patent and this information was not disclosed to the U.S. Patent and Trademark Office. It'll still be a while before we hear the final outcome of it all but it's certainly heating up for both sides of case.

Thanks, Mack!

116 comments

LLAmos

Of course they did...and on Fantasy Island, where "identical" doesn't mean "identical," they have delicious, gluten-free, no fat, zero calorie chocolate cake.

And unicorns. Lots of unicorns.

Posted via CB10

dot.localhost

Hah love the unicorns ... can't forget them...

felixlives

Hahahaha this was awesome..... made my day

Posted via CB10

rbrar03

If they invalidate the patent then there will be an issue with enforcement of copy cat phones.

Posted via CB10

inurear

can you write satirical editorial pieces for CrackBerry, this humour, want more.

edriss

Haha

Posted Via CB10 on my Zed 10

Dat Gui

Look at the picture, ask anyone what those are and they will say those are both blackberries not a blackberry and an iPhone with a typo keyboard

edriss

Forgot about brand names. Ask a child "are these items in the picture similar?"

Posted Via CB10 on my Zed 10

cappo40

Spot the differences..there are 0

Bacon Munchers

There is one main difference. The one on the right is a very cheap knock-off of the one on the left.

Pegon_Fighter

Are you kidding me tho? Who remember Kevin doing a video at CES and covering the iPhone and only showing the typo keyboard and your average Joe thought it was a blackberry keyboard right away? They are going to lose for sure I don't see them having a strong defense

Posted via CB10

slagman5

They won't lose "for sure" if they get lucky enough to get a judge that would rather support a company supporting Apple products than BlackBerry, and you know that might happen...

Posted without the aid of AutoCorrect with my physical keyboard via CB10

IJKBB10

+1 or an American company vs BlackBerry the Canadian company.

I hope I'm so wrong but I have a feeling that Typo might win.

Posted via CB10 with my BB z30

Jerale Hoard

This is not an Apple product. It's a product made for an Apple product.

Posted via CB10

Spaztik

Typo has Seacrest though... he is like the Apple of reality TV hosts.

Bacon Munchers

Same thing nowadays.... perception wise that is.

raino

I would laugh if Kevin got called in as an expert witness.

blackmoe

Might not be the bonus you envision as cross examination can make you frame your answers in a way that's not good for BBRY.

tex3523

But apple can get a patent for a rectangular phone and get Samsung to pay them money. That's fair. Hope the judge doesn't side with Typo. Go Blackberry?

ChrisZavalaTech

Right!! I mean really! Typo should just admit that the product looks like a BlackBerry plain and simple.

Posted via CB10

CDM76

If only it was as simple as "looks". This is so technical that many "experts" may be confused at end of day. Is based on design and how it works.

Posted via CB10

1roguecanuck

Ad mentioned above the Apple vs Samsung case. From a distance of 20 feet the average person was not able to distinguish the two products to their respective manufacturer. Same thing applies here.

Agreed that there may or may not be further issues of physical design and construction.

Posted via CB10

Omnitech

No need: Seacrast boasted early on that the project was conceptualized as a way to replicate the feel and functionality of the Blackberry keyboard, which he used to really enjoy.

Ummm... DUH. Guess 'ol Ryan didn't know any IP lawyers back then. :rotfl:

laketrout73

I agree with you but if Typo can prove prior art, in that BlackBerry doesn't have a rightful patent because the design already existed, then they might have a case.

It's going to come down to whether a judges considers a tiny keyboard to be the same as any other tiny keyboard regardless of style or does he recognize the "frets" and curved keys to be unique to BlackBerry.

Z10 STL100-3 |10.2.1.2141 | Bell | CB10

nutellapr

Have a look at what they are claiming as prior art. One is a typewriter the other is a spell checker with big round and flat buttons on a big device relative to a cellphone. BlackBerry's claim is key design for mobile devices that allows for thumb typing. One doesn't thumb type on a typewriter. Typo is really drawing at straws.

Posted via CB10

westcoastjay

the g button fell off so now the judge is jude LOL

nhanken

It's a Typo~! LoL

Posted via CB10

seageath

That's why it's called Typo* #fail

* A typographical error (often shortened to typo) is a mistake made in the typing process (such as spelling) of printed material

d_chosen1

Hey jude, don't make it bad. Take a sad song and make it better.

eshadiq

Haha

Posted via CB10

Prem WatsApp

Hope he won't pull a Judas on BBRY!

iPhone for me? Scr... ahem Q that! (posted from the latter)

Xenrip

Lmao!

Posted via CB10

Edders1964

That jude must be Jude Law (apologies! )

Posted via CB10

bmanchi

Nice. :)

Posted via CB10

F1 JV

Might be Judge Judy?

Peugeot 505 STI» Peugeot 405 Mi16» Honda S2000»...Chevrolet Corvette C7

BerryRipe

I'm tired of reading about the process...off with their typo heads!

Keep The Faith  BlackBerry Q10 

deltact

I'd like to know which patent they are referring to for possible invalidity. It might have been a submarine patent.

Posted via CB10 on Z10

velkod

BlackBerry better win this. Blatant Rio off!

freedomx20a

Screw them

 BlackBerry Q10 

Bor Navas

If BlackBerry doesn't win this, I'll lose my faith in justice. Man, it's not similar, it is identical!

channel C000F331C- my Z30 rocks!

freedomx20a

Exactly

 BlackBerry Q10 

Pete The Penguin

It's not "identical" because the BlackBerry kb isn't detachable and uses a physical connection whereas the Typo kb is detachable and uses Bluetooth to connect.

Also, the BlackBerry kb has steel frets.

jcbrunson

You meant "judstice", right?

Jerale Hoard

No he meant Jutice.

Posted via CB10

senectus

Blackberry should Licence these guys..
1) make a profit from their stale IP
2) waters down the apple trademark
3) pushes blackberry's name

Whats not to like about this idea?
Its not like you could water down Blackberries market image any further.. this solution is a win win win solution.

Publisher1963

Clever thinking

Posted via CB10 on my Z10.2.1

Prem WatsApp

Let them have the keyboard and all the BBM goodness, and once they realize, it's already too late. They have been sucked in! Converted. To BlackBerry.

iPhone for me? Scr... ahem Q that! (posted from the latter)

kthhrrsn

That becomes an option when they win...unless they settle before the case is decided. if that's the outcome of a settlement, that means Typo knows it ripped off BlackBerry.

Keith H. Posted by CB10 from my Z10.

heyjohnnybravo

Saw one in person on an iPhone 5/5s. Looked like a ruler lmao

Posted from my TARDIS!

FunktasticLucky

My fear will be that people will turn this around on BlackBerry like they did the entire KiK incident. Who remembers that ordeal? BlackBerry is just jealous at the little guy being so popular and being better. Are you serious?

Posted via CB10

BBAdrian

I just don't get. It's simple really. Apples gets to sue and win. BlackBerry so sue and win. It's America though so fairness is too much to ask for nowadays.

Posted via CB10

parthokarki

Them be like " typo is a researched genuine product, BlackBerry should feel sorry to sue such a nice company, co its helping apple's resolutionary users"

Damn them.

Posted via CB10

Pluto is a planet

I mean did they honestly make this and expect not to get sued...come on...

Posted via CB10

BBnose1

Right! The metal bars, the symbols are exactly copied from the BlackBerry physical keyboard. It would be so unfair if BlackBerry not to sue Typo co. Typo should pay the patent fee to BlackBerry at least. Hope the court on BlackBerry side.

Posted via CB10 by Z30

Prem WatsApp

No patent sharing on junk where keys pop off. Have BBRY make it, and typo distribute it, if they want, so Seacrest can be happy and BBRY make a decent profit.

Or some other solution. Whatever. Just not this kind of low quality stuff that harms reputation.

iPhone for me? Scr... ahem Q that! (posted from the latter)

christoph77

Not going to happen ;-)

C0038297E Quote of the Day (BBM Channel)

vaioman

I'm pretty sure this will be thrown out by the courts simply because there seems to be an anti BlackBerry agenda in the US.

Posted via CB10

kthhrrsn

There's definitely an anti BlackBerry sentiment in the US! I haven't seen this level of hatred since the new Coke came out!

But this is way too obvious to ignore. The judge has a responsibility to follow the law. If he makes the wrong decision, BlackBerry can & should appeal.

Keith H. Posted by CB10 from my Z10.

Martin Green

I'm a Canadian who generally likes America and Americans, but the country has a long history or "not-invented-here" syndrome. Over 100 years ago the Canadian P.L. Robertson developed the screw that bears his name in Canada. The head of this screw, with its square socket, has features possessed by no other screw drive design until fairly recently.

Among other things, Robertson screw heads are practically unstrippable, and unlike the Phillips head screw that was widely adopted in the USA after Henry Ford was unable to arrange a deal with Robertson to manufacture the screws for his cars himself, Robertson screws will not slip off the driver even when held downwards. If you are working overhead, installing light fixtures for instance, nothing beats a Robertson screw and driver.

Accounting for about 85% off all screws sold in Canada, Robertson screws are almost unheard of (and unobtainable) in America, although they are widely used in boat building since they are so superior, and it is possible to mail order them from ads in woodworking magazines. America chose to go with the inferior, but US invented Phillips screw, rather than the vastly superior Robertsons. Even when Americans DO use Robertsons they refuse to give credit to the Canadian inventor, calling them instead, "square drive".

Given this history, it is distinctly possible the US courts will turn a blind eye to blatant violations by a US company against a Canadian one.

Posted via CB10

Z10BlackBerry

We want to see Typo paying BlackBerry millions of dollars and close their business as soon as possible

Posted via CB10

bsirvio

These run-on sentences posted by CB10?

Courtesy official  10.2.1

Shawn Paul

Kill typo BlackBerry is 1 of a kind u want th keyboard experience get a BlackBerry or else shut it dats wat i feel :D

Posted via CB10

knobtviker

Bullcrap. I infringe a lot. This is a clear case of : we caught you infringing, take it down. And then Typo fights it? LOL

Posted via CB10

John Kastanes

Did you expect anything else?

Z10

bradpromac

"Just let me go," the robber said to the police officer.

On my awesome BlackBerry Z30

robdob123

CB, is really late with the news, I read this a couple of days ago. Just like I've already read about Facebook buying Whatsapp, guess I know what I'll be reading about tomorrow at cb

Classifieds Canada and GeoYeo App all the way!!!

Pete The Penguin

Ah yes, CrackBerry - where you can read yesterday's news next week.

Gvo1975

Well,if you read it last year it doesn't mean everybody else has read it already!

Incurable Q10 Syndrome

bambinoitaliano

Perhaps you can start your own site since you get your news ahead of crackberry and everyone else. Let us know how it turn out.

robdob123

thanks for the suggestion, however like crack berry you are also an little late to the mark, as per your suggestion has already been thought of and in the works

bambinoitaliano

Sound just as hollow as your need to brag.

Posted via CB10

huungryshark

BlackBerry has other problems now than a typo keyboard now.

Check the news , wonder why crackberry is so late behind on the story

Posted via CB10

bitek

It is blackberry keyboard ripoff

Posted via CB10

steakman911

America the righeteous...except when it comes to their own. This will not be a slam dunk regardless of the tech.

Scribed via zee Cue X on X.II.I

ForrestB

Jeebus, get a proofreader! That first paragraph has the world's longest run-on sentence ever seen!

Twitter : @ ForrestBivens Instagram: ForrestBivens3 http:// About.me/ForrestBivens

ganghouse

Right side q10 and left side q5

Posted via CB10

lynxs_claw

Well I guess you can always ask.. but good luck getting it dismissed when it is such a blatant copy.

Posted via CB10

tlegend2012

ohh really.. that's amazing..

quizm

Maybe the best result would be to have a vicious and colorful court case that will provide much needed free advertising. How could that be arranged? I mean is there any other celebrity out there willing to take on the challenge?

Posted via CB10

anon5129477

How does the FBI feel about this ? Are patents and the law worth anything anymore?

whatsever

Both os are doing the same but you must be nuts to use a keyboard extensive for an iii iphone

Posted via CB10

Drmoe

The pics look like 2 BlackBerry. Case and point....

Posted using the best phone ever, the Z30!

bobbob1016

If Apple can claim round app icons, and BBRY can't get their keyboard patented, then I don't want to live on this planet anymore!

deremi

Guess you used a Typo for this article? Who is the Jude?

rickster2611

If the judge is an expert in patents and intellectual property.

Ask them the question...

'So where did the idea to create the Typo keyboard come from? '

The answer is in the question.

Any mention of BlackBerry in the answer case closed.

A BlackBerry win.

Posted via CB10

thatplaybookguy

As an inventor who has had to send out cease and desist notices to companies in the past, there is one major question that will be asked and that is the moment when you had "The Flash of Genius." The moment and all it's details on how you came up with the idea to prove it is yours and You rickster2611 are correct. The first mention of anything related to Blackberry and Seacrust will lose and all rights will be denied to them and typo.

Pete The Penguin

Then Typo have lost as I've seen plenty of articles where Seacrest refers to being influenced by BlackBerry.

martinjdub

Typo RIP 2014

Posted via CB10

Ibeziprecious

That's alright. We are all ears for the outcome of the litigation

Posted via CB10

Maxey05

BlackBerry still has a better keyboard! My Q10 is the best device I have ever used! That typo keyboard doesn't even compare even though it is very similar..

coffee-turtle

Shows that phones with keyboards are still desired.
Even if Mr. Jobs didn't think so.

ndogg1

When people cannot tell the difference between the two keyboards, it's a rip off... BlackBerry better be preparing for the worst and not just assume they will win!

From the mind of a mAnIaC

zar1964

This is sooooo DUMB!
Everyone can see they copied Blackberry.

Wbrian

It'd be great if these were out on the street for a while and people got to use them and like them. Then a few weeks later when they break, they'd go to the original BlackBerry for a true keyboard experience...

Posted via CB10

Calvin Chin

Typo is really unethical! Unethical! And unethical! Let's see the oncoming karma! A typo keyboard will never be as good, never be as nice, and never be respected by others! They only know how to earn profits from QWERTY keyboard! Greedy and unethical act will send "you" straight to h***... i'm sorry for being rude! as I just wanted to have my own justice and from what I could see is that this typo keyboard look alike the keyboard in Q10! Didn't they feel ashame or even compare and self aware their products before pushing out to the public just to earn money? Shame.....

Posted via CB10

Calvin Chin

Why would they have the rights to ask the judge to dismiss the case? You are not the judge! Are you scared? Go f*** yourself then... and be ready to pay for loyalty fees to BlackBerry! 1 billion fine in total pattern infringement! hah!

Posted via CB10

thatplaybookguy

I went into Best Buy two days ago and I was asking the cell sales girl about the Typo, Best Buy has discontinued selling them as they come back broken within a day. She said every single Typo sold came back broken, with keys missing or that they have busted the users port on their iPhone. I was going to record it and I should have. Looks like this gimmick is just that, a gimmick and nothing more. So I asked her if there was one around that I could see, a demo model they might have. She disappeared for a few minutes and came back with one. We put it on a display iphone and I tried it out and right away the keys stuck and one fell off. I said quickly "I'm not paying for that." She replied, "Don't worry, they're crap anyway."
So there you have it, Best Buy nor Future Shop will ever be selling them again. I think seacrust wasted a few million dollars and inadvertently has begun to make blackberry a household name again with the press that is being generated.

thatplaybookguy

oh to add, after our little talk, i said to her "I guess the typo isn't a Best Buy after all." With that she threw it in the trash and I quote "That's where it really belongs." She said while laughing.

1guitarguy

This is so stupid. Typo YOU STOLE plain and simple stop trying to defend your thievery and PAY UP!

Posted via CB10

DarkCutter

Fuck Typo... Rot in hell stupid company same with that ugly host dude Ryan Seacrest . If the judge is smart he or she will say that Typo made a copyright infringement

Supa_Fly1

A few days late on this news. But we'll see how the judge moves to this. I don't want to loose sight on the proceedings of this case .. too often lately we hear about the start of something critical yet it just falls off.

b11johnson

As a current 3rd year law student that is focusing on patent law, typo is using the typical defense of invalidity and non-infringement. These two defenses are used in practically every patent suit, so all of this expected by BlackBerry and the court. It is just part of the game.

Posted via CB10

YourMobileGuru

Of course they do :)

Posted via the Android CrackBerry App!

Justin Zubko

its funny because i seen a ad saying turn your iPhone into a BlackBerry, it was soon turned down, but when i clicked on it it was for typo

TimJohnSmith

Do you have a link for this ad?

Tim Smith from my Z10 on Rogers

TimJohnSmith

So does this mean we can copy any qwerty keyboard design on any platform and not be breaching copyright? Microsoft? Apple? Hmmm...this could lead to interesting developments.

Tim Smith from my Z10 on Rogers

midnightdoom

So when is apple going to sue blackberry and others for infringing on their copy paste parent they just got awarded that everybody uses. Just saying, most copy and paste methods look the same too

Posted via CB10

Supa_Fly1

They do look quite different and implementation is different enough maybe not to most but enough for lawyers to argue. Slide to unlock was invalidated from Apple so they'll be very careful with copy paste since others had it long before them.

This keyboard matter isn't 'looking' the same or about the same it IS identical un design, button shape an reasoning fit the shape. This is the solid case BlackBerry has.

BlackBerry Q10  & Full Metal CB10!

BB Adict

As many have said here previously, the writing on CB, needs to be improved. The opening, and the last sentences were plain torture. Please, proof read before posting.

Blackberry always.....

toppatoptobz

Typo is fighting there ass off..... they can not afford to loose this case so you will be seeing there lawyers pulling out all the cards.... and most likely to here alot of things BlackBerry didn't do... to be continued....

Posted via CB10

Bacon Munchers

Bottom line (marketing wise) for BlackBerry is that if BlackBerry launches the Q30 next that employs the Z10 screen size, then consider the Typo system early advertising for the Q30.

Martin Green

What I don't see many comments about is that there are two issues at play here; patent infringement, and Trade Dress. The former will sink Typo if they have designed their keyboard with a layout or feature that BlackBerry has patented. BlackBerry has many years of experience improving the keyboard, although imho they peaked with the 8700 keypad. My later Curve and Bold handsets just weren't as easy to type on as that older unit. Even my very first BlackBerry, the 7100, had a fantastic set of buttons although I later came to prefer full qwerty layouts.

Apparently among BlackBerry's other innovations they came up with specific spacings, key dome shapes, and positioning that optimize thumb usage, as well as mechanical innovations to optimize tactile feedback. Those frets are not just cosmetic. These patents SHOULD hold up since they can demonstrate that BlackBerry introduced most of the techniques, even if Typo can demonstrate prior art on one of them.

The other thing that Typo has violated though is Trade Dress. On this point I don't think there is likely to be much dispute. There is long precedent in the USA (and maybe elsewhere too, idk) for prohibiting knockoffs that are intended, or even just likely to confuse consumers by closely duplicating non-essential, cosmetic packaging and design. Even such seemingly simple aspects as the colours used on boxes can be protected Trade Dress if they instantly suggest to neutral observers that the product comes from a recognized manufacturer. When you see CrackBerry Orange on a Web site, where do you assume it originates?

This is where I think Typo really tripped up. There are many ways to lay out a keypad, but they chose to make it look so close to the iconic BlackBerry design that 10 out of 10 neutral viewers mistook the Typo for a BlackBerry product when the phone bodies were covered up.

If Typo hadn't been so blatant BlackBerry might not have even reacted.

Posted via CB10

urskruz

John chen would be playing his role just the way he did over t-mobile. He might play his cards and win this case.

Posted via CB10