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BlackBerry says it will suffer irreparable harm if Typo's QWERTY is allowed to be sold

BlackBerry says it will suffer irreparable harm if Typo's QWERTY is allowed to be sold
On Friday, BlackBerry and Typo met in U.S. District Court, Northern District of California. As you probably recall, Typo is the brainchild of broadcaster Ryan Seacrest. After lugging around two phones all the time, a BlackBerry for typing and messaging and an Apple iPhone for everything else, Seacrest had a brainstorm. He founded Typo, which sells a physical QWERTY keyboard that snaps together to fit over an Apple iPhone. Typo claims that its product helps iPhone users type as much as 50% faster.

The problem is that the keys on Typo strongly resemble the QWERTY keyboard on the BlackBerry Q10. This led to BlackBerry's suit against Typo. And with U.S. District Judge William H. Orrick validating two of the three patents that BlackBerry is asserting in the suit, it seems that the Waterloo based handset manufacturer might be off to a good start. After all, Typo is claiming that BlackBerry's patents are invalid.

BlackBerry attorney Kevin Johnson told the court that Typo's copying of BlackBerry's design was "intentional and deliberate." Another BlackBerry attorney, James Asperger, said that his client will suffer irreparable harm if Typo is allowed to continue selling its keyboard. Asperger said that BlackBerry has invested billions to develop its keyboard and has lost sales as consumers buy the $99 Typo instead of a BlackBerry Q10. So far, Typo has been a hit with sales of 4000 units.

"The Q10 by and large was a failure and has literally not sold. (BlackBerry) hasn’t provided any evidence of nexus between the keyboard and the commercial success of this device."-Olivier Taillieu, attorney, Typo

Typo attorney Olivier Taillieu responded by saying that BlackBerry wants to monopolize the QWERTY keyboard market and added that many other phones have the same design that BlackBerry says that it owns. Taillieu also said that "BlackBerry’s problems are not related to Typo. We don’t believe Typo is the reason for any loss of sales to BlackBerry." The attorney told the judge that BlackBerry has not shown evidence that sales of its phones are driven by the QWERTY keyboard.

BlackBerry is seeking an injunction to block Typo from selling its keyboard and Judge Orrick said that he will rule on the request "promptly".

source: Bloomberg

46 Comments
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posted on 24 Mar 2014, 00:46 12

1. hafini_27 (Posts: 247; Member since: 31 Oct 2013)


Seriously it is a blatant copy from BlackBerry

posted on 24 Mar 2014, 22:00

45. Kaiser2007 (Posts: 151; Member since: 16 Nov 2013)


It is a blatant copy of BlackBerry from Typo.

posted on 24 Mar 2014, 00:48 9

2. D.Aceveda (Posts: 360; Member since: 30 Jun 2012)


At this point, any competitor selling ANYTHING will cause harm to BB

posted on 24 Mar 2014, 00:51 1

3. ihavenoname (Posts: 1377; Member since: 18 Aug 2013)


Anyone read The Verge review on this? Total POS. It looks like Q10 keyboard, but that's all they have in common.

posted on 24 Mar 2014, 01:59 1

15. Droid_X_Doug (Posts: 5750; Member since: 22 Dec 2010)


Have you used the Typo keyboard? I have (a friend purchased one), and it is hardly a POS. Typo is an option for people who want a keyboard option for the iPhone. There is no way that my friend would purchase a BB, so there are no 'lost sales' for BB. If the Typo were to be banned, my friend would just suffer through using the iPhone touch keyboard, as they moved on from BB almost two years ago.

The best thing for BB to do is negotiate a license with Typo, where Typo pays some $ to BB. If BB loses their request for an injunction, there is no incentive for Typo to do anything, because by denying the request for an injunction, the court is basically saying to BB they doubt BB's ability to win at trial.

posted on 24 Mar 2014, 00:53 3

4. techloverNYC (Posts: 401; Member since: 20 Nov 2012)


Just stop trying BB. No casual user use your device anymore.

posted on 24 Mar 2014, 01:04 1

7. thenewguy (Posts: 3; Member since: 24 Mar 2014)


What a troll! No casual user? BB still has market share. I wonder where you studied because it seems like you don't know anything at all.

posted on 24 Mar 2014, 01:55 3

14. frydaexiii (Posts: 1231; Member since: 01 Dec 2011)


School doesn't teach you who the hell users a BB.

posted on 24 Mar 2014, 06:00 3

27. thenewguy (Posts: 3; Member since: 24 Mar 2014)


School teaches people to fix their grammar. Guess you didn't finish school?

posted on 24 Mar 2014, 02:15 1

20. jnieto490 (Posts: 10; Member since: 24 Mar 2014)


Lol they have very little market share a company like zte from china has more share than the stupid canadians do

posted on 24 Mar 2014, 03:55

23. techloverNYC (Posts: 401; Member since: 20 Nov 2012)


thank you someone here is not on crack

posted on 24 Mar 2014, 08:09 2

28. lyndon420 (Posts: 1735; Member since: 11 Jul 2012)


Stupid Canadians??? That's a fairly broad insult bud. Are you referring to all Canadians in general?

posted on 24 Mar 2014, 03:57

24. techloverNYC (Posts: 401; Member since: 20 Nov 2012)


just shut up and go google blackberry market share before you start to just trolling:

http://bgr.com/2014/03/07/blackberry-us-market-share-2/

posted on 24 Mar 2014, 05:59

26. thenewguy (Posts: 3; Member since: 24 Mar 2014)


Another article written by another troll from a troll website. See my point, troll? It's not a even a credible website.

posted on 24 Mar 2014, 09:36 1

33. FakeMatt (Posts: 21; Member since: 02 Aug 2013)


Have you ever heard the story of the "boy who cried troll"?

Which source on the BB market share will you consider reputable, huh?

NY Times, claiming just 0.6% global market share as of February 2013?
Techcrunch, who showed 3.1%, under Windows Phone as of January 2014?
Or, how about PhoneArena, who reported 1.5% worldwide as of October 2013?

Or are all of those troll sites?

posted on 24 Mar 2014, 19:21

42. fzacek (Posts: 1641; Member since: 26 Jan 2014)


Blackberry is dead. Deal with it.

posted on 24 Mar 2014, 00:57 4

5. tsuperman (Posts: 4; Member since: 29 Sep 2013)


Blackberry is on its death bed anyway, they might as well buy this keyboard and sell it as a BB product.

posted on 24 Mar 2014, 01:02 1

6. SamDroid (unregistered)


Typo had over a gazillion designs to choose from. I think its really suspicious that the keyboard looks just like BB's Bold and Curve. Apparently they worked on this for two year s so you can't say they copied the Q10....Which was released last year

posted on 24 Mar 2014, 02:01

17. Droid_X_Doug (Posts: 5750; Member since: 22 Dec 2010)


It looks nothing like the keyboard on the Bold. I used to own a Bold 9000 and the Typo keyboard doesn't look anything like the 9000's keyboard. It does look like the keyboard on the Q10, though.

posted on 24 Mar 2014, 11:01

38. SamDroid (unregistered)


Look closely at the way the keys are shaped. I'm holding a BB Bold 9900 right now and I'm pretty sure I'm not blind, I think. They definitely look the same

posted on 24 Mar 2014, 01:16 1

8. UnlimitedSkye03 (Posts: 27; Member since: 27 Apr 2012)


when did a keyboard attachment caused a sales upset of a damn whole phone??? BB just stop..

posted on 24 Mar 2014, 02:08 1

19. Droid_X_Doug (Posts: 5750; Member since: 22 Dec 2010)


BB is just acting butthurt over a keyboard being added to an iPhone - the phone that started the decline of their global domination of the smartphone market.

Keyboards on Android phones haven't fazed them (I am thinking of the Droid 1 through 4 phones; HTC had a phone with a keyboard, too).

Yeah, adding a keyboard to the iPhone just pressed a sensitive button for BB.

posted on 24 Mar 2014, 01:22 3

9. techperson211 (Posts: 609; Member since: 27 Feb 2014)


Hopefully BB win this one. If you look at it it's a complete copy.

posted on 24 Mar 2014, 01:30

10. lyndon420 (Posts: 1735; Member since: 11 Jul 2012)


The most harm done was in RIM's decision to stick with the physical keyboard for their devices when the competition was adopting touch screens. A similar thing happened to Nokia when they bucked the notion of adopting the Android ecosystem...they could be sitting in Samsung's throne right now. When I see the Blackberry keyboard sitting on an apple phone...I get an urge to make a jam sandwich.

posted on 24 Mar 2014, 01:40 2

11. Doakie (Posts: 1251; Member since: 06 May 2009)


Yep. Could you imagine the sales success the 1020 would have been if it ran Android instead? I would own one right now instead of a Note 3. No question. 38 MP pictures with the Android Ecosystem? It would be a "SHUT UP! TAKE MY MONEY!" moment.

posted on 24 Mar 2014, 01:51

12. StraightEdgeNexus (Posts: 3202; Member since: 14 Feb 2014)


Hey look ios 7 running on blackberry 7 device lol.

posted on 24 Mar 2014, 01:54

13. StraightEdgeNexus (Posts: 3202; Member since: 14 Feb 2014)


Ummm sorry bit misunderstanding.

posted on 24 Mar 2014, 02:01

16. Karriope (Posts: 95; Member since: 07 Jun 2013)


While I won't comment on whether Blackberry is losing customers over this…
Yes, I'd call that a blatant copy. The shape is the same, the buttons look the same, the layout looks the same, the FONT looks the same.
Hell I thought I was looking at a Blackberry at first. It almost looks shopped. Or is it?

posted on 24 Mar 2014, 02:02 2

18. xperiaDROID (Posts: 5404; Member since: 08 Mar 2013)


Typo is a stupid company that don't deserve to earn money with their stupid blatant copy keyboard from BlackBerry.

Go BB, hope BB wins this one.

posted on 24 Mar 2014, 02:20 2

21. jnieto490 (Posts: 10; Member since: 24 Mar 2014)


Death to the canadian company!!!

posted on 24 Mar 2014, 19:26

43. fzacek (Posts: 1641; Member since: 26 Jan 2014)


Everybody, including Typo and Blackberry, knows that Blackberry will die no matter what. That iPhone keyboard would not change a thing, even if it is a "stupid blatant copy."

posted on 24 Mar 2014, 02:30 1

22. Lt.Green (Posts: 371; Member since: 13 Mar 2014)


Damn you Seacrest!

posted on 24 Mar 2014, 04:31

25. abhi24 (Posts: 6; Member since: 23 Mar 2014)


Hopefully BlackBerry wins the game. Blatant copying n then arguing about more options to consumers is just unethical.

posted on 24 Mar 2014, 08:27 1

29. gamblor77 (Posts: 71; Member since: 26 Apr 2012)


It's obvious to everyone that typo is a complete rip off from the BB bold keyboard. However BB's lawyers really need to get their act together and work an angle of facts. Don't claim you're losing sales and it will hurt your business if your business is already doing poorly. They need another argument or BB needs better lawyers.

posted on 24 Mar 2014, 08:50

30. Jommick (Posts: 198; Member since: 10 Sep 2013)


I like how the case isn't legally about whether they copied blackberry, it's about whether the keyboard is what sells blackberry devices and if sales of the typo keyboard affect the sales of blackberry devices.
Honestly, for 4000 units sold, I don't imagine blackberry could be hurting that much from it. Then again...

posted on 24 Mar 2014, 09:00

31. thealphageek1 (banned) (Posts: 942; Member since: 02 Feb 2013)


Anyone with half a brain can see that this is a blatant copy of the BlackBerry Q10 keyboard. To say otherwise, is ridiculous. To comment on marketshare, who likes BlackBerry and who doesn't is also irrelevant. Too many people on this site do nothing but show unjustified hate towards BlackBerry. If you don't like BlackBerry, that's fine. But to come on a BlackBerry specific article with the sole purpose of speaking about the company negatively, just makes no sense whatsoever. Better that you refrain from even reading the article.

posted on 24 Mar 2014, 09:21 1

32. tasior (Posts: 212; Member since: 04 Nov 2012)


I don't get it. What is there to copy? qwerty? black and white design? buttons? I realise, that BB has always been liked, for having keyboard in their phone, but it's a keyboard. What is so special about it? I'm not attacking, I'm asking...

posted on 24 Mar 2014, 10:28

35. thealphageek1 (banned) (Posts: 942; Member since: 02 Feb 2013)


You have to look at the keyboard on the BlackBerry Q10 and compare it to the Typo keyboard. Then you will see.

posted on 24 Mar 2014, 10:38 1

36. tasior (Posts: 212; Member since: 04 Nov 2012)


The changes are not significant, but when You look at a PC, you see, that almost all computers have nearly the same keyboard. Should there be legal war, between Logitech, Microsoft etc?
It's a keyboard! There is nothing special about it.

posted on 24 Mar 2014, 15:34

41. thealphageek1 (banned) (Posts: 942; Member since: 02 Feb 2013)


There may not be anything special about to you, but being that BlackBerry has patents on this type of keyboard which a judge has ruled to be valid by the way, there is something special about it. And something worth protecting. Its their IP. Should they let just anyone use it without due compensation? I think not....

posted on 24 Mar 2014, 09:39 1

34. cornerofthemoon (Posts: 505; Member since: 20 Apr 2010)


TYPO is the least of Blackberry's problems right now.

posted on 24 Mar 2014, 10:48

37. KenAdams (Posts: 55; Member since: 17 Feb 2014)


What more damage could they possibly incur? They need to drop their smartphone ventures and concentrate on software and enterprise services to gain any sort of profit and traction.

posted on 24 Mar 2014, 13:02

39. shuaibhere (Posts: 1428; Member since: 07 Jul 2012)


How will you press home button with that thing attached to phone???

posted on 24 Mar 2014, 13:14

40. SamDroid (unregistered)


Last button on the bottom right

posted on 24 Mar 2014, 21:13

44. thetuba (Posts: 19; Member since: 17 Jun 2013)


The Droid Pro on Verizon has a keyboard that looks just like the Blackberry Bold 9650 keyboard. They never went after Motorola......

posted on 24 Mar 2014, 22:51

46. thealphageek1 (banned) (Posts: 942; Member since: 02 Feb 2013)


Yes, but how do we know that Motorola and BlackBerry don't already have some type of licensing deal in place?

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