![]() The plastic casing is configured to match the contours of an iPhone 5 or 5s device so that it can be wrapped around the iPhone device for easy attachment. The Typo keyboard device comprises a plastic casing compatible for use with the iPhone 5 and 5s. In the row below the lower most horizontal fret, a larger rectangular key is vertically centered and has a u-shaped planar area, while the surrounding keys have sculpted curves similar to the keys above.” The uniform keys in the top three rows have sculpted curves that form a symmetrical pattern moving out from a vertical center line. “…four horizontal bars or ‘frets’ resting above four rows of rectangular keys. In BlackBerry’s motion for preliminary injunction, BlackBerry described its claimed design as comprising: Thus, in accordance with design patent law, only the keyboard is claimed in the D’775 patent.Ī figure of the D’775 patent is shown below. Only the keyboard of the phone is shown in solid lines. The D’775 patent, entitled “HAND-HELD ELECTRONIC DEVICE”, was granted on July 9, 2013, and claims “the ornamental design for a hand-held electronic device, as shown and described.” The D’775 patent has the entire profile of the phone shown in broken lines as well as the screen, speaker and other components of the phone. The limitations recited in independent claim 1 include “a keyfield comprising a plurality of depressible keys arranged in rows that are distributed about a vertical centerline of the keyboard” and “each of the depressible keys has a top engagement surface of which an upper inboard portion is raised relative to a lower outboard portion thereof, wherein the top engagement surface of at least some of the depressible keys has a generally inclined crest shape with a top of the crest diagonally orientated on the key.” The ‘552 patent, entitled “RAMPED-KEY KEYBOARD FOR A HAND-HELD MOBILE COMMUNICATION DEVICE”, was granted on April 24, 2012, and claims “ keyboard for a wireless hand-held mobile communication device”. “five letter keys in the upper row being disposed on each side of the vertical reference, five letter keys in the middle row being disposed on one side of the vertical reference and four letter keys in the middle row being disposed on the other side of the vertical reference, and four letter keys in the lower row being disposed on the one side of the vertical reference line and three letter keys in the lower row being disposed on the other side of the vertical reference line…” Furthermore, claim 19 includes the limitation of: Claim 19 includes the limitations of “twenty-six letter keys and at least one other key” distributed in three rows, that are symmetrically distributed along the face of the electronic device. The ‘964 patent, entitled “HAND-HELD ELECTRONIC DEVICE WITH A KEYBOARD OPTIMIZED FOR USE WITH THE THUMBS”, was granted on December 8, 2009, and among its multiple independent claims, of particular note is independent claim 19 which claims “ keyboard for use with a mobile communication device”. Description of the Patents Alleged to be Infringed by Typo BlackBerry’s Patent Infringement ClaimsĪ. This article will discuss the significance of these claims and offer recommendations regarding intellectual property protections available to those who wish to release a mobile phone accessory. ![]() BlackBerry points to Typo’s keyboard layout and the shape of its keys as a basis for these claims, as illustrated below”: D685,775 (the “D’775 patent”), as well as itsrights in its trade dress, and that it dilutes BlackBerry’s allegedly famous trade dress. Hearing news of the release of Typo’s keyboard case, BlackBerry alleged that Typo adopted BlackBerry’s “iconic keyboard design” found in BlackBerry’s Q10 smartphone and its other phones.On January 3, 2014, BlackBerry Limited filed suit against Typo in the Northern District of California, alleging that the Typo iPhone keyboard case infringes BlackBerry’s utility patents, U.S. Typo’s initial pre-order inventory has sold out and a total of 4,000 units have shipped as of February 5, 2014. Typo created a slide-on Bluetooth, “qwerty” keyboard accessory for the Apple iPhone 5 and 5S. To remedy the need for carrying two devices, Typo Products LLC, a start-up tech company co-founded by television personality Ryan Seacrest, debuted a product in early January 2014 at the International Consumer Electronics Show. #Typo 2 keyboards professionalMany consumers today, plagued by embarrassing typographical errors when using their touch-screen smartphones, own a second smartphone with a keyboard, such as a BlackBerry phone, for their professional correspondence. ![]()
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