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18 February 2015Patents

BlackBerry takes second swipe at Typo’s keyboards

Canadian telecoms company BlackBerry has again sued iPhone case maker Typo for allegedly infringing patents and trade dress related to its keyboards for smart phones.

BlackBerry filed the case on Monday (February 16) at the US District Court for the Northern District of California.

The Canadian company originally sued Typo in January last year, arguing that its iPhone cases, which incorporate a physical keyboard on the front, infringe the “iconic” design of BlackBerry’s keyboard.

BlackBerry filed for a preliminary injunction against Typo in January 2014, with the request being granted in March. District Judge William Orrick found that “BlackBerry had shown a likelihood of prevailing on the merits of its claims and that it would suffer irreparable harm from Typo’s business model and actions”.

The preliminary injunction, with which BlackBerry sought to stop Typo from making, using and selling its products in the US, went into effect in April 2014.

However, Blackberry said in the latest complaint that Typo had breached the injunction.

Earlier this month, Judge Orrick granted BlackBerry’s motion for contempt (deliberate disobedience of the law), which it had filed after learning about Typo’s alleged breach of the injunction. Orrick awarded BlackBerry more than $860,000 in sanctions, plus its attorney’s fees and costs.

According to the complaint filed on Monday, Typo is currently developing a new version of its keyboard, which BlackBerry believes still copies its designs and infringes the company’s patents and trade dress.

“By this action, BlackBerry seeks to put an end to defendant’s pattern and practice of unlawful conduct and to obtain recompense for the harm that BlackBerry has suffered,” it said.

BlackBerry has asked for judgment that says five of its utility patents have been infringed, a preliminary and permanent injunction stopping Typo from infringing BlackBerry patents and trade dress, as well as treble damages for willful infringement.

The Canadian company has also asked for an order requiring that all materials bearing the allegedly infringing trade dress be destroyed and any remaining products be withdrawn from the market.

Typo’s keyboard cases for the iPhone 5, 5S and 6 sell for between $79 and $99. The company did not respond to WIPR’s request for comment.

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