Feb 19 BlackBerry Ltd's patent claims
related to an attachable keyboard accessory for Apple Inc's
iPhones don't comply with legal requirements for
patentability, Typo Products LLC said in a court filing late on
BlackBerry sued Typo last month, saying its physical
keyboard that can be attached to some of Apple's iPhone models
The Canadian smartphone maker claimed that Typo's keyboard
infringes its design and alleged that the startup's $99 keyboard
featuring angled miniature keys is similar to those on many
In a request to a federal court in San Francisco, Typo asked
a U.S. judge to rule that the patents have not been infringed
and to declare some of the claims invalid and unenforceable.
Typo said that one of the patents is not enforceable because
the design was widely available for sale in 1988, prior to the
BlackBerry patent approval, and this was not disclosed to the
U.S. Patent and Trademark Office.
Typo urged the judge to dismiss every claim in BlackBerry's
complaint with prejudice and not be subject to further action,
the filing showed.
Typo, founded by "American Idol" co-host Ryan Seacrest,
also asked the court for a permanent injunction to prevent
BlackBerry from suing or threatening to sue the company for
BlackBerry, a once dominant smartphone maker has lost market
share to the iPhone and other touchscreen devices.
Typo Products is named after the typographical errors that
people make while typing on smartphones, according to its
BlackBerry posted billions in losses in recent quarters as
its latest devices sold poorly, but it has maintained a loyal
niche of customers who prefer to type on a physical keyboard.
The case is BlackBerry Ltd v. Typo Products LLC, case no.
3:14-cv-23 in the United States District Court for the northern
district of California.