Earlier this past week, The US District Court for the Northern District of California awarded BlackBerry Ltd a preliminary injunction against Typo Products LLC (Typo), a start-up co-founded by American Idol judge Ryan Seacrest. Typo is barred from importing, selling, and marketing a slip-on keyboard that looks and feels remarkably like that of a classic BlackBerry phone.
The Bluetooth-enabled Typo keyboard made a splash at tech shows this past January, promising to give iPhone users the now seemingly retro ability to type on a physical keyboard. The Waterloo-based BlackBerry quickly filed an intellectual property suit, alleging “blatant infringement” against its “iconic keyboard”. In a press release earlier this year, BlackBerry’s Chief Legal Officer Steve Zipperstein stated, “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."
BlackBerry argued that a preliminary injunction leading to the intellectual property suit was necessary, as the company could be irreparably harmed by Typo’s actions. In turn, Typo contended that an injunction is unwarranted, as BlackBerry is struggling commercially and “has limited goodwill to lose.”
District Judge William Orrick rejected Typo’s defense and ruled that BlackBerry is likely to prevail in its infringement claims. The injunction can be lifted should Typo be successful at trial. Typo is expected to appeal Judge Orrick’s decision.
Summary by: Elena Iosef
The Bluetooth-enabled Typo keyboard made a splash at tech shows this past January, promising to give iPhone users the now seemingly retro ability to type on a physical keyboard. The Waterloo-based BlackBerry quickly filed an intellectual property suit, alleging “blatant infringement” against its “iconic keyboard”. In a press release earlier this year, BlackBerry’s Chief Legal Officer Steve Zipperstein stated, “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."
BlackBerry argued that a preliminary injunction leading to the intellectual property suit was necessary, as the company could be irreparably harmed by Typo’s actions. In turn, Typo contended that an injunction is unwarranted, as BlackBerry is struggling commercially and “has limited goodwill to lose.”
District Judge William Orrick rejected Typo’s defense and ruled that BlackBerry is likely to prevail in its infringement claims. The injunction can be lifted should Typo be successful at trial. Typo is expected to appeal Judge Orrick’s decision.
Summary by: Elena Iosef
E-TIPS® ISSUE
14 04 09
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