It appears as though the sordid legal battle between BlackBerry and Ryan Seacrest-funded iPhone keyboard maker Typo is drawing to an end. Following legal arguments from both side’s lawyers, U.S. District Judge William H. Orrick stated that two of BlackBerry’s three patents in the case appear to be valid.
“If the consumer can look at this and say this product is ripping off BlackBerry and knows it’s not a BlackBerry product, how does that make a difference in my analysis?” Orrick said.
BlackBerry is looking to block all sales of Typo’s iPhone keyboard case, of which the company has sold 4,000 units since January. Judge Orrick has indicated he will issue a ruling on the request “promptly.”
Of course, no legal story would be complete without some outlandish rhetoric by one of the trial lawyers. This time it’s Typo lawyer Olivier Taillieu, who stated to the press that “The Q10 by and large was a failure” and “has literally not sold.” Taillieu also said that BlackBerry “hasn’t provided any evidence of nexus between the keyboard and the commercial success of this device. BlackBerry’s problems are not related to Typo. We don’t believe Typo is the reason for any loss of sales to BlackBerry.” We’ll see how BlackBerry responds following Judge Orrick’s ruling.