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Typo Keyboard For iPhone Faces Sales Ban

time_lords_almanac (3527081) writes "BlackBerry is trying to put the kibosh on the Typo, a physical keyboard attachment for iPhone. And they've won the first round, in the form of a sales ban on the attachment. From the article: '"BlackBerry is pleased that its motion for a preliminary injunction against Typo Products LLC was granted. This ruling will help prevent further injury to BlackBerry from Typo's blatant theft of our patented keyboard technology," a spokeswoman for BlackBerry told the news agency in an email.'"

37 of 205 comments (clear)

  1. patented keyboard technology? by Anonymous Coward · · Score: 3, Interesting

    Because, you know, physical keyboards are such an advancing field.... I can't imagine how awful keyboards would be with out BlackBerry's patented technology.

    1. Re:patented keyboard technology? by kelemvor4 · · Score: 5, Funny

      Because, you know, physical keyboards are such an advancing field.... I can't imagine how awful keyboards would be with out BlackBerry's patented technology.

      Advancing? Hardly, there are patents and so no advancement is possible.

    2. Re:patented keyboard technology? by TWX · · Score: 3, Insightful

      I hadn't heard of this keyboard until this Slashdot article.

      With the angle-topped keys and the particular choice of layout, I think that I actually agree with Blackberry on this one, though I'd think this would fall into trademark territory more than patent technology. Maybe the curved ridges on the keys somehow have a patent I guess...

      --
      Do not look into laser with remaining eye.
    3. Re:patented keyboard technology? by Anonymous Coward · · Score: 5, Insightful

      What advancement? The typo keyboard is virtually a 1 for 1 copy of the Q10 keyboard. They didn't even bother changing the colour of the frets.

      You guys would be pretty pissed if "6oo6le" copied Google to the point of even using the playskool colour theme on the letters, but it's A-OK to rip off BlackBerry 100% because you don't like them.

      Hypocrites.

    4. Re:patented keyboard technology? by whoever57 · · Score: 2

      though I'd think this would fall into trademark territory more than patent technology. Maybe the curved ridges on the keys somehow have a patent I guess...

      Design patents, like (downmods coming in 3 ..2... 1) rectangles with rounded corners.

      --
      The real "Libtards" are the Libertarians!
    5. Re:patented keyboard technology? by Sponge+Bath · · Score: 2

      Some people still believe the Earth is 6000 years old in the age of open science. If you don't want to know, then you won't.

    6. Re:patented keyboard technology? by TheGavster · · Score: 3, Interesting

      BB did have a patent on the angled keys that they sued Palm over back in the late 90's. It actually is a fairly innovative design that optimizes the direction of the bevel on each key based on the kinematics of your thumbs so that the keys act much larger than they are (if they actually cloned it correctly). It has also become sort of a mark of BB (both because of the exclusivity and the general unpopularity of portrait QWERTY layouts), so I guess that might even be grounds after the patent expires (which has to be coming up soon ...).

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    7. Re:patented keyboard technology? by Baloroth · · Score: 4, Informative

      Really? Because I'm pretty fucking sure they did, in fact, do exactly that. Samsung vs Apple involved patent USD504899, which claims "the ornamental design for an electronic device, substantially as shown and described", to wit a rectangular cuboid with rounded corners. So, yes, Apple did sue Samsung over rounded corners (although the jury did find Samsung did not infringe, that does not change the fact that Apple did in fact sue Samsung over a thin rectangular design with rounded corners.)

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    8. Re:patented keyboard technology? by Sponge+Bath · · Score: 3, Informative

      Your link is for an Apple suit over a design patent. Rounded corners was only a part of that design patent. Anyone can use rounded corners and not violate the design patent. They can't copy the entirety of the design patent. Hence the conclusion that Apple suing over the stand alone concept of rounded corners is a myth.

    9. Re:patented keyboard technology? by LordLimecat · · Score: 3, Insightful

      The shape and feel of the keyboards is basically everything there is to the keyboard, and its all basically a copy. Its not even remotely similar to the apple case.

    10. Re:patented keyboard technology? by Anonymous Coward · · Score: 2, Insightful

      Right, except Ryan Seacrest openly admitted that they stole the design from Blackberry. That's some nerve and Blackberry has every right to sue them.

    11. Re:patented keyboard technology? by Sun · · Score: 4, Informative

      Let me see.....

      GP linked to the patent. The patent covers everything shown in the diagram that isn't excluded by means of being drawn in a dotted line. If you check the diagram, the only thing not dotted are the rounded corners and the curve on the back (which just means the "rounded corners" are 3D).

      So, no. This design patent is solely about rounded corners.

      Shachar

    12. Re:patented keyboard technology? by ljw1004 · · Score: 5, Informative

      I think that I actually agree with Blackberry on this one, though I'd think this would fall into trademark territory more than patent technology. Maybe the curved ridges on the keys somehow have a patent I guess...

      Rule of thumb: IP law is so complicated that it's safe to assume that (1) TFA got it wrong, (2) the Slashdot summary and title got it wrong, (3) all slashdot posters (including me) got it wrong, with the sole exception of NewYorkCountryLawyer. I think the only way is to read what the actual filing said, and then look up patents, and then look up the claims section of those patents.

      As far as I can tell, Blackberry complained that Typo Keyboard infringed one or more of:

      * US Patent 7629964 - a patent about the invention of a particular angling+placement of keys on a handheld mobile device where the keys are optimally placed and angled to allow two-thumb typing. It looks like there was thought and extensive user research into figuring out that particular angling and placement. While it was obvious that some kind of angling+placement would be good, I guess no one had done the inventive work to figure out that particular angling+placement.

      * US Patent 8162552 - a patent about the invention of a particular ramping of individual keys for the same end. I know that HP had beveled keys before. This patent is for a particular angling and beveling and crest and so on. Again it looks obvious that some kind of beveling is useful, but I guess no one had done the inventive work to pick out this particular angling and beveling. It looks like anyone who used a DIFFERENT angling and beveling wouldn't infringe on this patent.

      * US Design Patent D685775 - a design patent which is very specifically for Blackberry's design. Design patents are for the ornamental shape of a functional item, and only apply when the design is novel and not the obvious shape for devices. I guess we didn't have the particular Blackberry proportions or layout on other devices before.

      * Blackberry's trade dress. Trade dress is about the recognizable look of a product, that would let consumers readily recognize whether something is distinctively a Blackberry from its distinctive shape, colors etc.

      I don't know on the basis of which of these the temporary sales ban was enacted. But I do know that Blackberry keyboards are indeed nicer to type on than any other phone keyboards I've used, and it really does suggest there was something non-obvious about their research into key placement and contours and their particular results. And I do think that Blackberry keyboards have a distinctive recognizable look. From photos, that Typo keyboard really did look a heck of a lot like a Blackberry in both its overall form. If indeed it also copied the particulars of Blackberry placement/beveling, rather than using any of the INFINITE other possible placement/beveling, then it seems like a slam dunk for Blackberry.

    13. Re:patented keyboard technology? by arglebargle_xiv · · Score: 3, Informative

      What advancement? The typo keyboard is virtually a 1 for 1 copy of the Q10 keyboard. They didn't even bother changing the colour of the frets.

      Just a illustrate how blatant a knock-off it is, here's the Typo keyboard from the linked news story, and here's what Typo copied to create it.

    14. Re: patented keyboard technology? by kqs · · Score: 2

      IP law is so complex that only people who have studyed it for years can understand nontrivial cases? That seems right. I wish it were not so, but them I wish I could understand particle physics and molecular biochemistry without years of study too.

      The anti-vaxxers and the anti-AGW folks show the hilarity that results when people assume that they know more than the experts.

    15. Re: patented keyboard technology? by StripedCow · · Score: 2

      So we are living in a society where only a select bunch of "experts" know the laws.
      Seems like a terrific idea!

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    16. Re:patented keyboard technology? by Theaetetus · · Score: 2

      Let me see.....

      GP linked to the patent. The patent covers everything shown in the diagram that isn't excluded by means of being drawn in a dotted line. If you check the diagram, the only thing not dotted are the rounded corners and the curve on the back (which just means the "rounded corners" are 3D).

      So, no. This design patent is solely about rounded corners.

      Then how come Apple told the court that Samsung could have avoided infringement without modifying the rounded corners by adding a bezel (or changing any other of a list of several design elements), which they subsequently did in the Galaxy Tab 10.1N? It has the same exact rounded corners as the 10.1, but does not infringe the design patent. So, no. The design patent isn't solely about rounded corners.

    17. Re:patented keyboard technology? by Just+Some+Guy · · Score: 2

      My Apple Wireless Keyboard is almost identical to a Model M: the keys are in the same basic arrangement, they're squarish, each key's label contrasts with the plastic of the key itself, and they have many of the same non-alphanumeric keys (shift, delete, etc.). They are clearly infringing.

      There are only so many ways you can make the thing and still have it usable by people who've practiced on others with similar features. In short: form follows function. This seems utterly obvious and doomed to be smacked down.

      --
      Dewey, what part of this looks like authorities should be involved?
  2. Re:How dare they make the user experience better by danomac · · Score: 4, Informative

    Did you even look at the article? That keyboard looks like a blackberry keyboard to me. It's a blatant ripoff of the design. While I think software patents are absurd, this is a copy of a physical device.

  3. Re:So what's the problem? by pollarda · · Score: 3, Informative

    Beveled Keys have been in use since the HP 35 calculator. The HP35 was HP's very first calculator and the first iterations only had printing on a few of the keys -- the rest of the key designations were printed on the board the keys protruded through. The HP41 (early to mid 1980's) had a full alphabet keyboard as well as punctuation and all the keys were beveled. As I understand the patent, it should be thrown out due to prior art or at least obviousness since all the HP keys were beveled.

  4. End times by nbohr1more · · Score: 3, Insightful

    At the twilight of our civilization, endless patent and copyright fights over obvious things. A keyboard at the bottom rather than the side of a phone? Obviously this is a precious work of genius that must be protected at all costs. Soon someone will make a new generation of 8K HDTV's and they will patent "the use of a remote control with 8K HDTV's" When will someone see through this horseshit and revoke these stupid patents.

  5. Re:So what's the problem? by Jane+Q.+Public · · Score: 3, Interesting

    "Beveled Keys have been in use since the HP 35 calculator. The HP35 was HP's very first calculator and the first iterations only had printing on a few of the keys -- the rest of the key designations were printed on the board the keys protruded through. The HP41 (early to mid 1980's) had a full alphabet keyboard as well as punctuation and all the keys were beveled. As I understand the patent, it should be thrown out due to prior art or at least obviousness since all the HP keys were beveled."

    There exists a thing called a "design patent" which prevents others from copying your style. I could be wrong, but I suspect that is what is at issue here.

  6. Further injury to Blackberry? by JoeyRox · · Score: 5, Funny

    You mean it's possible for someone to destroy Blackberry faster than Blackberry has done itself?

  7. Re:Fuck BlackBerry by fahrbot-bot · · Score: 2

    I wish they would just die with a little grace and accept that they world will be better off without them

    Ya, like SCO did - oh, wait... :-)

    --
    It must have been something you assimilated. . . .
  8. Dear Blackberry by hax4bux · · Score: 2

    Nobody decides to buy a BB solely based upon a hardware keyboard.

    Probably could have stopped w/"nobody decides to buy a BB"

  9. Not taking sides. by MrL0G1C · · Score: 4, Informative

    They have gone further than just putting a keyboard on the iphone, see pic:

    http://www.macrumors.com/2014/...

    They've copied the shape of the keys, the horizontal bars between the keys etc.

    --
    Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
  10. Can't get past the name by Anonymous Coward · · Score: 5, Funny

    Why would they name a keyboard "typo"? Even as an amusing meta-reference, it falls flat.

    It's like trying to sell a toilet paper named "Anal Scraper".

  11. Re:Fuck BlackBerry by TWX · · Score: 2

    Android and iOS give the buying public what they want. Apple is continuing its personal computer paradigm of having an OS that goes with their somewhat more upscale hardware and Android has essentially pulled a Windows and been the "clone" OS to use. Both offer fairly sophisticated suites of interconnected applications that also tie-in well to computers.

    I honestly couldn't tell you what Blackberry does. And that's their biggest problem.

    --
    Do not look into laser with remaining eye.
  12. Re:Quick, Slashdotters! by rmdingler · · Score: 3, Interesting
    Challenge accepted.

    After playing the role of plaintiff in multiple patent lawsuits concerning relatively miniscule design innovations, the double-edged sword that is the US patent system is now seemingly also willing to slice the apple.

    Perhaps the only hope for reform of the patent system relies on it becoming inconvenient even for it's former proponents?

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  13. One small victory in the war on Ryan Seacrest by idioto · · Score: 2

    this isn't about patents or saving blackberry, it's about stopping ryan seacrest. he's the one behind the kardasshians for heaven's sake. set aside your petty libertarian and socialist differences and unite against tyranny of another more diabolical sort!

  14. Re:Fuck BlackBerry by AK+Marc · · Score: 2

    Blackberry sells the only device "owned" by the corporation. Secure end to end encryption, owned by the owner, not a cloud provider. It's a walled garden where the owner of the device owns the walls and the garden. It's security-focused enterprise/government that keeps it going. If you aren't one of them, there's no reason to consider it. I know a few home users that have them. The last one had to use an android phone for 2 weeks. He never turned his Blackberry on again.

  15. Re:Funny by narcc · · Score: 2

    Yeah, it is "oooh so innovative". There's a reason why everyone raved about the quality of their keyboards, you know.

    Ever try to type, well, anything on a Motorola Droid Pro or Palm Pre? There's obviously a lot more here than just "shaped keys".

  16. Re:So what's the problem? by Bing+Tsher+E · · Score: 2

    The HP35 was HP's very first calculator

    Wrong. There were HP calculators before the HP35. HP made desktop calculators that sported a small CRT display. I used to have one. It had core memory in it. It had no ICs at all. Hundreds and hundreds of diodes.

  17. Gotta side with Blackberry by CohibaVancouver · · Score: 2

    Gotta side with BlackBerry on this one.

    Keyboards like this one...

    http://0.tqn.com/d/ipod/1/0/w/...

    ...have been around for years.

    However, one look at the "Typo" tells you that it's a blatant BB ripoff. If you want / need a keyboard like that, buy a 'Berry.

  18. Lets Make a Deal by CodeBuster · · Score: 2

    This is being blown way out of proportion here. Filing the infringement lawsuit and winning the injunction was the first step towards making a deal. With the injunction in hand Blackberry has demonstrated to Seacrest and his investors that this is serious, but they've also left open the way to a deal. This would probably take the form of royalty payments from Typo to Blackberry for each case sold, the amount to be negotiated after agreement in principle to pay royalties. The remaining Blackberry shareholders are hard core professional investors and financial types now, not technologists, so they will be eager to squeeze any money they can out of the patent portfolio even if that cannibalizes a few Blackberry sales down the road.

  19. Re:So what's the problem? by LordLimecat · · Score: 4, Informative

    HP35 keyboard
    Side-by-side Typo vs Blackberry keyboard

    The HP35 isnt even close, and the Typo is a blatant ripoff. I hate patent trolls as much as the next guy, but come on, theres not even room for debate here. Theyre EXACTLY the same. Even ALT and Shift are in the same spots, and the numbers-- which have generally gone across the top on other phones-- are laid out the same way.

  20. I USE ONE AND OWN FOUR by susanjane · · Score: 2

    Why? Because I'm stockpiling in the event that TYPO goes belly-up. Using a Typo-keyboard with my iPhone is the finest mobile phone experience available and I am loathe to go back to a glass keyboard. I had a death grip on my Blackberry but I switched to iPhone a few years ago for reasons too numerous to list. I tried a few keyboard cases for iPhone. Although not perfect, the Typo is by far the best of the lot. Using it allows me to have the whole iPhone screen visible. I can thumb type quickly and accurately and avoid iPhone autocorrect hell. I live in the most densely populated area of New York City, where everyone is in a hurry and good percentage of them are morons. People have asked about my phone with the keyboard but no one has ever confused it with a Blackberry. As previously posted, Blackberry could have come out with a similar keyboard bundled with BBM for iPhone and the most popular android devices years ago. Had they done so, they might just be making money now. This is a fine example of a moribund company reaching up from the grave to drag a really great product down with it.