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7 November 2013Patents

Blackberry files patent lawsuit against semiconductor company

BlackBerry has filed a lawsuit against electronics company Cypress Semiconductor Corp claiming it has infringed two of its patents.

The troubled smartphone provider is claiming infringement of US patent number 6,034,623 (‘623) and 6,833,686 (‘686), which relate to wireless transceiver technology and battery-charging controllers.

According to its specifications, the ‘623 patent, issued in 2000, covers an “improved radio modem” for use with an “autonomous radio telemetry system.”

The ‘686 patent, issued in 2004, is for a “battery charging circuit” which “adjusts to the parameters of an external power supply, to minimize charge time.”

According to the complaint, filed on November 4 at the US District Court for the Northern District of Texas, Cypress’s website and other publicly available documents show that the alleged infringing products have been sold to distributors and customers throughout the US.

The complaint says Cypress has been “making, using, importing, offering to sell, and/or selling” infringing products to third-party manufacturers, distributors, and customers.

It adds that the distributors and end customers are supplied with manuals that instruct them how to operate the infringing products.

“Cypress provides these instructions while knowing since at least November 4, 2013 that the infringing products infringe multiple BlackBerry patents.”

Simultaneously, at the US District Court for the Northern District of California, in litigation originally initiated by Cypress, BlackBerry has also alleged infringement of three additional patents related to USB charging technology.

BlackBerry, which was founded in Ontario, Canada, has been in the news in recent weeks due to financial challenges.

On the same day as the court action was filed [November 4] the company announced its shares had dropped by 16 percent and that it had abandoned plans to sell itself to shareholder Fairfax Financial Holdings.

Chief executive Thorsten Heins has also announced he will be stepping down.

BlackBerry is seeking an injunction on the distribution of the infringing products and extended damages including court costs.

It is also demanding an account of Cypress’s infringing sales be carried out and that it is awarded additional damages from any such sales.

The complaint adds: “BlackBerry has been damaged and irreparably injured by Cypress’s infringing activities and will continue to be so damaged and irreparably injured unless Cypress’s infringing activities are enjoined by this court.”

A spokesman for BlackBerry told WIPR:  “While BlackBerry turns to the courts only reluctantly, it must protect its substantial efforts and investment in bringing its revolutionary mobile devices to market, and put a stop to Cypress’s unauthorized use of BlackBerry’s patented technologies.”

Cypress said it had no comment.

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