BlackBerry targets BLU Products with lawsuit for patent infringement

In an unfortunate turn of events, BLU Products has been recently hit with a lawsuit for infringing on more than a dozen BlackBerry patents.

This would be the second high-profile lawsuit filed by BlackBerry in August after earlier this month the Canadian company made a similar move against Avaya, another US-based company specialized in wireless data communication and business solutions for the communication industry.

According to BlackBerry, its patent licensing department offered BLU a license on FRAND terms, but the US company never responded. If you have a feeling of deja-vu, it's quite alright. The same happened in Avaya's case, as the company received a similar proposition from BlackBerry, but never replied.

BlackBerry claims it insisted on negotiating the licensing terms, but BLU continued to sell, import and offer for sale a considerable amount of products that use the Canadian company's SEP technology without actually owning a license for any of them.

The complaint filed by BlackBerry says BLU's products infringe no less than 15 of its patents related to radio frequency and mobile communication, power management and several other pieces of technology.

As a result of its infringement, BLU has earned substantial revenue selling 2G, 3G, and LTE-compliant products that use BlackBerry's technology. BLU makes, sells, uses, offers to sell, markets, and/or imports numerous smartphones compatible with the 2G, 3G, and LTE standard throughout the United States without a license from BlackBerry,” claims the company in a statement.

For the time being, BLU Products reportedly hasn't responded to BlackBerry's action lawsuit and its products continue to sell in the United States and other countries.

source: Law360 via CrackBerry

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53 Comments

3. meanestgenius

Posts: 22033; Member since: May 28, 2014

While I'm definitely not a fan of these lawsuits, BlackBerry did attempt to contact BLU for a licensing deal, to which they never responded. They have every right to defend their patents from being used without their consent. I just hope things can get settled without there being a long, drawn out court battle.

36. Subie

Posts: 2361; Member since: Aug 01, 2015

Totally agree. I'm less on the side of company's that sit on their patents and do nothing but wait to sue. Company's that are willing to licence their ideas and patented tech to others allow for more choice to the consumer as well as help innovation to move forward. IMO

37. meanestgenius

Posts: 22033; Member since: May 28, 2014

Exactly. It's not like BlackBerry didn't try to settle this amicably by offering BLU a licensing deal. BlackBerry would much rather BLU just sign a deal to license their patents and continue to operate. They aren't trying to stifle the competition from the onset and demand bans on their products outright like Apple has done.

41. Mxyzptlk unregistered

"demand bans on their products outright like Apple has done." Aka the keyboard case.

46. meanestgenius

Posts: 22033; Member since: May 28, 2014

That was blatant copying done on the part of Typo, which refuse to change when asked by BlackBerry in the beginning. Only idiot trolls like yourself think otherwise. But Apple, on the other hand, sues to stifle competition and halt innovation.

4. Mxyzptlk unregistered

I don't understand the nature of this lawsuit. What are they suing for this time? It seems to me that blackberry are turning to patent lawsuits against smaller companies in order to bring in cash flow.

6. meanestgenius

Posts: 22033; Member since: May 28, 2014

Avaya isn't a small company. If you read the article, you'll understand what and why BlackBerry is suing BLU for. At least they're suing for something essential, and not trying to sue for shapes and generic names like App Store, like Apple does.

15. Mxyzptlk unregistered

Oh yeah, like blackberry was trying to sue for something as generic as a keyboard.

17. meanestgenius

Posts: 22033; Member since: May 28, 2014

BlackBerry's keyboard is anything but generic, which was copied right down to the frets by Typo. Rectangles and the name App Store? A shape? Now THOSE are generic. And here's the kicker that really leaves you bumburned: BlackBerry won its cases against Typo. Apple lost.

42. Mxyzptlk unregistered

Of course blackberry won, at the time they had more pull than typo did. Of course it's blackberry, so it's ok in your eyes.

47. meanestgenius

Posts: 22033; Member since: May 28, 2014

They won because it was proven that Typo blatantly copied BlackBerry's keyboard. Only a blind person or a troll would think otherwise. You're the latter.

26. BobbyDigital

Posts: 2125; Member since: May 29, 2014

And yet you cheered on your beloved fruit company suing for something as generic as a shape. Again... #HypicriteMuch Keep showing the world you're a troll Mxy.

35. Furbal unregistered

They were 100% correct on suing for that.It was a blatant rip off.

43. Mxyzptlk unregistered

That just proves that there's a market for keyboard cases.

48. meanestgenius

Posts: 22033; Member since: May 28, 2014

That also proved that Typo blatantly used BlackBerry's IP without consent.

8. PenTiltoKet

Posts: 552; Member since: May 18, 2016

I think BB just realize that their hardware is dead, and their software future is bleak. It's really sad to see BB pursuing this kind of patent (SEP). If SEP is BB best way to monetize, BB is totally dead

11. meanestgenius

Posts: 22033; Member since: May 28, 2014

As usual, you're just here to troll BlackBerry, and most likely don't know what SEP is, or even why one would sue to protect it.

16. PenTiltoKet

Posts: 552; Member since: May 18, 2016

GSM SEP is cheap patent. A patent that agreed to be GSM standard, and priced very cheap. BB pursuing a SEP patent to BLU is like suing BLU for US$50K. What a shame.

18. meanestgenius

Posts: 22033; Member since: May 28, 2014

You just supported my claim as to why BlackBerry has a right to sue them, thank you very much. If it's an ESSENTIAL patent and a GSM standard, BlackBerry has every right to sue them for illegal use of stolen IP, no matter how inexpensive the patent may be. And considering that BLU holds the majority of market share concerning unlocked GSM handsets, they can afford to, and should pay, a licensing fee for any IP that's doesn't belong to them. But I suppose if someone came into your house and stole the milk right out of your refrigerator, right in your face, and walked out of your house even after you told them to put it back, you'd let them walk out without any repercussions regardless.

28. PenTiltoKet

Posts: 552; Member since: May 18, 2016

I wonder if you will kill someone if they pick a flower in front of your house.... Thats the equivalent of suing for SEP

29. meanestgenius

Posts: 22033; Member since: May 28, 2014

So you would just let anyone rob toy blind and do absolutely nothing about it. Good thing you don't own or run a business. You'd be OUT of business in 6 months with your logic.

31. meanestgenius

Posts: 22033; Member since: May 28, 2014

*rob you

24. BobbyDigital

Posts: 2125; Member since: May 29, 2014

Again... You sound ridiculous. Stop talking about things you know nothing about.

20. MDCHO

Posts: 769; Member since: Jul 28, 2016

Wow. It good to see BlackBerry has spine and go after company that steal it's patent. Company should pay another company to use patent, not steal it.

21. dmomintz

Posts: 68; Member since: Jan 21, 2016

The last acts of a desperate man...

25. BobbyDigital

Posts: 2125; Member since: May 29, 2014

Explain how defending against someone illegally using your parents is the last act of a desperate man? I'll wait... I love troll logic.

27. PenTiltoKet

Posts: 552; Member since: May 18, 2016

Chasing penny is the act of desperado

30. meanestgenius

Posts: 22033; Member since: May 28, 2014

Incessantly trolling is an act of desperation as well.

44. Mxyzptlk unregistered

So is fighting the good fight.

49. meanestgenius

Posts: 22033; Member since: May 28, 2014

So is trolling because of "monkey see, monkey do" reasoning.

* Some comments have been hidden, because they don't meet the discussions rules.

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