BlackBerry sues Typo over iPhone keyboard case

Smartphone maker BlackBerry Ltd has sued Typo Products for infringing patents related to its phones’ handheld keyboards.

In the complaint filed at the US District Court for the Northern District of California on January 3, BlackBerry argued that Typo’s iPhone case, which integrates a physical keyboard, infringes one design patent, two utility patents and the keyboard trade dress.

Typo’s iPhone Keyboard Case is currently available to preorder online and is priced at $99.

In the complaint, BlackBerry said that it had “devoted substantial resources and research efforts to the development of ... the keyboard”, and described its physical keyboard designs as a “significant market differentiator”.

It argued Typo copied its keyboard design as “embodied in ... BlackBerry’s Q10 smartphone”. It added that Typo co-founder, American TV presenter Ryan Seacrest, had acknowledged the product copies the BlackBerry keyboard in an interview.

Reviews cited in the complaint said that the case “turns an iPhone into a BlackBerry”.

BlackBerry has requested judgment that Typo has infringed its IP, a permanent injunction and punitive damages. It also asked for all of Typo’s profits, a judgment trebling any damages, and an order to withdraw from the market all infringing products and to destroy all materials bearing the BlackBerry trade dress.

Steve Zipperstein, BlackBerry’s general counsel and chief legal officer, said in a statement: “This is a blatant infringement against BlackBerry’s iconic keyboard, and we will vigorously protect our intellectual property against any company that attempts to copy our unique design.”

He continued: “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.”

Typo did not respond to a request for comment.