Professional Documents
Culture Documents
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15 BlackBerry Limited, a Canadian Corporation
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BLACKBERRY LIMITEDS
COMPLAINT FOR PATENT
INFRINGEMENT, TRADE DRESS
INFRINGEMENT, DILUTION, UNFAIR
BUSINESS PRACTICES, AND UNJUST
ENRICHMENT
Plaintiffs,
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vs.
Defendant.
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2 (Typo) as follows:
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INTRODUCTION
1.
5 cutting-edge products changed the way millions of people around the world connect, converse,
6 and share digital information.
7
2.
8 Mike Lazaridis and Douglas Fregin. In its early years, the companythen named Research In
9 Motion (RIM)focused its inventive energies on wireless data transmission.
10
3.
From its modest beginnings more than 30 years ago, BlackBerry has gone on to
4.
BlackBerry has since been recognized as a leader in the design and the ergonomic
17 aspects of mobile handheld devices. In particular, BlackBerry has devoted substantial resources
18 and research efforts to the development of a critical aspect of a mobile devices user interface
19 the keyboard. BlackBerrys physical keyboard designs have been recognized by the press and
20 public as iconic and a significant market differentiator.
21
5.
22 property rights, including design patents, utility patents, and trade dress protection.
23
6.
Typo, however, has promoted and announced the imminent release of the Typo
24 iPhone keyboard case (hereinafter Typo Keyboard product) an external case for the Apple
25 iPhone 5/5s with an integrated physical keyboard. But instead of developing its own keyboard
26 design, Typo chose to copy BlackBerrys iconic keyboard design as embodied in, among others,
27 BlackBerrys Q10 smartphone, seeking to trade on BlackBerrys commercial recognition and
28 goodwill.
-2COMPLAINT AND DEMAND FOR JURY TRIAL
7.
By this action, BlackBerry seeks to put an end to Typos unlawful conduct and to
THE PARTIES
8.
5 2200 University Avenue East, Waterloo, Ontario, Canada N2K 0A7. BlackBerry has offices in
6 Northern California, including at 2000 Bridge Parkway, Redwood City, CA 94065.
7
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8 company with a principal place of business at 1100 Glendon Avenue, Suite 925, Los Angeles, CA
9 90024. Typo operates and/or owns the website located at http://typokeyboards.com/.
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This Court has subject matter jurisdiction under 15 U.S.C. 1114, 1125, and 28
11.
This Court has supplemental jurisdiction over the state law claims under 28 U.S.C.
14 1367, in that the facts underlying the state law claims are so related to the patent and trademark
15 claims that they form part of the same case or controversy under Article III of the United States
16 Constitution.
17
12.
Defendant Typo is subject to personal jurisdiction in this Court because, inter alia,
18 and upon information and belief, Typo has its principal place of business and office in California
19 and directly and through agents regularly does, solicits and transacts business in the Northern
20 District of California and elsewhere in the state of California, including through its website at
21 http://typokeyboards.com/. In particular, Typo has committed and continues to commit acts of
22 infringement in violation of 35 U.S.C. 271 and 15 U.S.C. 1125, and has offered for sale, sold,
23 marketed, and/or imported infringing products in the State of California, including in this District.
24 Typos acts cause injury to BlackBerry, including within this District.
25
13.
26 because a substantial part of the events or omissions giving rise to the claims occurred in this
27 judicial district.
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-3COMPLAINT AND DEMAND FOR JURY TRIAL
1
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INTRADISTRICT ASSIGNMENT
14.
Because this action is an Intellectual Property Action within the meaning of Civil
15.
7 significant investment in research and development over the past 30 years, BlackBerry has
8 developed innovative, cutting-edge technologies that have changed the face of
9 telecommunications.
10
16.
11 mobile devices with physical keyboards that enabled users to send and receive email and messages
12 on the go, without needing to be tethered to a modem or a desktop computer. The innovative
13 nature of the 1998 RIM 950 Wireless Handheld, for example, was instantly recognized, garnering
14 both an Editors Choice Award from CNET and Andrew Seybolds Outlook Award. In
15 particular, the press praised the RIM 950s keyboard for its advanced ergonomic features,
16 including an easy-to-type-on keyboard layout despite the devices miniature size.
17
17.
In 2002, BlackBerry released the BlackBerry 6710 and 6720 the first
18 BlackBerry devices capable of both sending emails and making phone calls. The next year,
19 BlackBerry introduced smartphone models that added built-in audio hardware and color screens.
20
18.
21 wireless products incorporating its distinctive keyboard designs, including the 7000 series and
22 8000 series, as well as the Electron, Curve, and Tour products.
23
19.
In 2008, BlackBerry introduced the first of its Bold line of smartphones, the 9000.
24 The Bold 9000 featured an updated housing design, more robust software, and a ground-breaking
25 physical keyboard with keys having sculpted surfaces specially designed to have a distinctive
26 visual appearance while being optimized for thumb-typing. This unique and distinctive keyboard
27 was known within BlackBerry as an ergonomic surface keyboard, or Ergo Surf for short. The
28 Bold 9000 is pictured below.
-4COMPLAINT AND DEMAND FOR JURY TRIAL
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20.
In addition to the look of the sculpted keys, the Bold featured several other design
14 elements that have become uniquely associated with BlackBerry and its smartphone products.
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21.
For example, the Bold featured the use of curved bars (referred to as frets)
16 above each row of keys. Each of the keys in the top three rows is a roughly square shape, and
17 arranged like the keys on a piano, without any significant space or material between them
18 horizontally. The surface of each key has a sculpted curve on the side closer to the vertical center
19 line. Further, the bottom row of keys is designed so that, instead of being roughly square in shape,
20 they are roughly rectangular and have curved bottom edges. Taken together, the bottom row of
21 keys echoes the curvature of the bottom of the device.
22
22.
The distinctive look of the BlackBerry Bold was designed to reinforce the
23 impression that the Bold 9000 was a high-end mobile device, and to create an emotional appeal
24 that makes the design more approachable than a sea of multiple buttons and keys.
25
23.
These key design elements of the Ergo Surf keyboard have been used in every
26 BlackBerry flagship device since 2008, including the Tour, Style, Torch, and Bold Touch. Several
27 of these examples are shown below.
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-5COMPLAINT AND DEMAND FOR JURY TRIAL
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24.
More recently, in June 2013, BlackBerry released the Q10, the latest iteration of
14 its wireless, keyboard-based products. The Q10 incorporates both a modern touch-screen and the
15 iconic BlackBerry physical keyboard. The Q10s physical keyboard continues to incorporate bars
16 above the rows of keys having the distinctive sculpted appearance of the thumb-optimized ergo17 surf design that was first introduced with the Bold 9000, as can be seen in the following image.
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-6COMPLAINT AND DEMAND FOR JURY TRIAL
25.
2 praise and awards, particularly for its keyboard layout and design. As CNET noted, the keyboard
3 is arguably the star of any BlackBerry product.
4
26.
5 devices have achieved overwhelming commercial success, and BlackBerrys physical keyboard
6 has become uniquely associated with the BlackBerry name.
7
27.
8 extensively throughout the United States through virtually every type of media, including
9 television, magazines and other publications, newspapers, and the Internet. The vast majority of
10 these advertisements focus on the distinctive BlackBerry keyboard design.
11
28.
12 unsolicited coverage in the media, and reviewers and analysts have praised the BlackBerry
13 keyboard as the standard by which all other such products are judged. GSMA the largest and
14 most well known association of mobile operators recognized BlackBerrys keyboard devices as
15 chang[ing] the face of corporate communication. Business Insider recognized BlackBerry as
16 the best at making keyboard phones, calling the Q10 in particular the best keyboard phone you
17 can buy. Similarly, in praising the BlackBerry Q10s keyboard, the well known New York
18 Times technology columnist David Pogue remarked that no phone on the market offers a better
19 combination of speed and accuracy for entering text. In 2013, Thomson Reuters named
20 BlackBerry one of the Worlds Top 100 Most Innovative Organizations, based largely on the
21 number of important patents [BlackBerry has], mainly for its popular keyboard.
22
29.
23 industry acclaim for both their unique design and their performance. BlackBerry and its keyboard
24 products have garnered dozens of industry awards, including the GSMA Chairmans Award,
25 InfoWorld Magazines Product of the Year Award, PC Worlds World Class Award, the Network
26 Industry Award for Best New Mobile Communications Product, the BusinessWeek Best Product
27 of the Year award, and PC Magazines Best of the Year Award.
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-7COMPLAINT AND DEMAND FOR JURY TRIAL
1
2
On December 8, 2009, the USPTO issued U.S. Patent No. 7,629,964 titled Hand-
3 Held Electronic Device With A Keyboard Optimized For Use With The Thumbs (hereinafter the
4 964 patent). This patent names Jason Griffin, John Holmes, Mike Lazaridis, Herb Little, and
5 Harry Major, all of Canada, as inventors, and identifies RIM as the assignee. A true and correct
6 copy of the 964 patent is attached hereto as Exhibit A.
7
31.
On April 24, 2012, the USPTO issued U.S. Patent No. 8,162,552 titled Ramped-
8 Key Keyboard for a Handheld Mobile Communication Device (hereinafter the 552 patent).
9 This patent names Roman Rak, Jason Griffin, and Norman Ladouceur, all of Canada, as inventors,
10 and identifies RIM as the assignee. A true and correct copy of the 552 patent is attached hereto as
11 Exhibit B.
12
32.
BlackBerry is the owner of all right, title, and interest in and to the 964 and 552
13 patents with the full and exclusive right to bring suit to enforce each patent, including the right to
14 recover for past infringement.
15
16
On July 9, 2013, the USPTO issued U.S. Patent No. D685,775 titled Handheld
17 Electronic Device (hereinafter the D775 patent). This patent names Joseph Michael Hofer, Todd
18 Andrew Wood, Di Tao, Roman Rak, Anders Fahrendorff, Cortez Corley, Ingve Holmung, and
19 Alison Phillips, all of Canada, as inventors, and identifies RIM as the assignee. The only portion
20 of the device shown in the D775 patent that is claimed is the keyboard design set out in solid
21 lines. A true and correct copy of the D775 patent is attached hereto as Exhibit C.
22
34.
BlackBerry is the owner of all right, title, and interest in and to the D775 patent
23 with the full and exclusive right to bring suit to enforce this patent, including the right to recover
24 for past infringement.
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26
Through the extensive and consistent advertising, promotion, and publicity of the
27 BlackBerry ergo-surf keyboard devices, BlackBerry has obtained and holds trade dress protection
28 in the design and appearance of those devices.
-8COMPLAINT AND DEMAND FOR JURY TRIAL
36.
2 devices comprise some of the product configuration trade dress at issue in this case (the
3 BlackBerry Keyboard Trade Dress):
4
several top rows of roughly square shaped keys having little horizontal
space between them;
keys with planar areas away from the vertical center line of the
keyboard and sculpted curves closer to the center line;
one larger rectangular key in the center of the bottom row having a ushaped planar area; and
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These elements of the BlackBerry Keyboard Trade Dress are distinctive and serve
17 to identify BlackBerry as the source of the BlackBerry products. BlackBerry has made substantial
18 sales in the United States of devices with the BlackBerry Keyboard Trade Dress. BlackBerry, and
19 its carrier partners, have spent substantial money and resources, to advertise, market, and promote
20 devices with the BlackBerry Keyboard Trade Dress through virtually every type of digital,
21 broadcast, online, and print media in the United States. Devices with the BlackBerry Keyboard
22 Trade Dress also have received significant unsolicited coverage in digital, broadcast, online, and
23 print media around the United States. As a result of longstanding and widespread commercial use
24 and success, as well as advertising, publicity, and promotion, the public has come to recognize the
25 shape and design of the BlackBerry Keyboard Trade Dress, which is nonfunctional and distinctive,
26 and to associate it with a single source, namely, BlackBerry.
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-9COMPLAINT AND DEMAND FOR JURY TRIAL
1
2
Typo has offered for sale, sold, used, and/or marketed in the United States, and/or
3 imported into the United States, its Typo Keyboard product, which infringes BlackBerrys
4 intellectual property rights in its distinctive keyboard design. The Typo Keyboard is shown below
5 on its own and with an Apple iPhone 5S inserted into the case.
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39.
Instead of developing its own keyboard design, Typo chose to copy BlackBerrys
22 innovative style and design, including the keyboard layout and the surface shaping of the keys.
23
40.
Numerous industry and analyst reviews have noted Typos blatant copying,
24 stating:
25
The keyboard itself looks like its been lifted straight from a BlackBerry Q10 (They
say imitation is the sincerest form of flattery);
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The Bluetooth case turns an Apple handset into a makeshift BlackBerry Q10;
26
iPhone users can now get a similar look and feel with the new Typo Keyboard Case
that effectively turns their beloved smartphone into something that resembles the
BlackBerry Q10 (and many other BlackBerry devices);
Typo Keyboard Case: Hands-on with case that turns your iPhone into a BlackBerry;
and
The keyboard has the look and feel of a classic BlackBerry, right down to the beveled
keys.
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41.
9 or about December 9, 2013, Typos co-founder Ryan Seacrest was interviewed by CNN about the
10 Typo Keyboard (http://www.cnn.com/2013/12/06/tech/mobile/ryan-seacrest-iphone-startup/):
11
Interviewer:
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Ryan Seacrest:
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42.
Typo had many design options for the keyboard in its product which would not
14 embody the same combination of elements of the BlackBerry patents or the BlackBerry Keyboard
15 Trade Dress. Instead, Typo chose to infringe BlackBerrys patents and trade dress through the
16 design and promotion of its Typo Keyboard product, and it did so willfully to trade upon the
17 goodwill that BlackBerry has developed in connection with BlackBerrys family of mobile
18 products with physical keyboards.
Infringement of BlackBerrys Utility Patents
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43.
The Typo Keyboard product infringes the BlackBerry 964 and 552 patents and
21 thereby unlawfully provides Typo with unique functionality for its products that was the result of
22 BlackBerrys investment and innovation.
23
44.
Typo has advertised the infringing Typo Keyboard product and has made it
45.
On the Typo website, there are two methods of pre-order available, one through
27 the Typo website and one through online retailer Amazon. In both methods, payment is charged
28 upon placement of the pre-order, rather than upon shipment of the device. Shipping is advertised
-11COMPLAINT AND DEMAND FOR JURY TRIAL
46.
The Typo website further states that [b]oth the hardware and software for the
3 Typo Keyboard were designed and engineered in California & Utah. And Typos CEO
4 boasted on his LinkedIn account that Typo distributed samples of the product for use to over a
5 hundred testers.
6
47.
Typo has neither sought nor obtained authorization from BlackBerry to incorporate
7 BlackBerrys patented technology into the Typo Keyboard product (or any other product), or to
8 make, use, sell, or offer to sell the infringing Typo Keyboard in the United States (including
9 without limitation as identified above).
10
48.
Typo similarly does not have authorization from BlackBerry to import the
11 infringing Typo Keyboard into the United States. The Typo website states that the Typo
12 Keyboard product manufactured and assembled in China. Thus, before any domestic pre-orders
13 can be fulfilled, it must first be imported into the United States.
14
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As shown in the three-way comparison of the BlackBerry Q10, the D775 design
16 patent, and the Typo Keyboard product below, Typo has misappropriated BlackBerrys patented
17 design in the accused Typo Keyboard. An ordinary observer viewing the Typo Keyboard in the
18 purchasing context would be deceived by its similarity to the D775 patent design, and would be
19 induced to purchase the Typo Keyboard believing it was the same design as BlackBerrys D775
20 patent.
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-12COMPLAINT AND DEMAND FOR JURY TRIAL
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Infringement of BlackBerrys Trade Dress
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50.
16 BlackBerry Keyboard Trade Dress identified above, namely, a keyboard product configuration
17 with:
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several horizontal bars in contrasting color and finish set above the
horizontal rows of keys;
several top rows of roughly square shaped keys having little horizontal
space between them;
keys with planar areas away from the vertical center line of the
keyboard and sculpted curves closer to the center line;
one larger rectangular key in the center of the bottom row having a ushaped planar area; and
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51.
3 mistake, and deception as to the source of origin of Typos products and is likely to falsely suggest
4 a sponsorship, connection, or association between Typo, its products, and/or its commercial
5 activities with BlackBerry. For example, the public is likely to mistakenly believe that
6 BlackBerry makes Typos keyboard product, that BlackBerry has authorized Typo to use its
7 keyboard design, or that there is some kind of relationship between BlackBerry and Typo. In
8 addition, Typos keyboard product is likely to dilute the distinctiveness and value of BlackBerrys
9 famous BlackBerry Keyboard Trade Dress.
10
52.
11 of its keyboard, which stands out from all of the other mobile devices on the market.
12 BlackBerrys goodwill among consumers is uniquely tied to its keyboard design. Typos copying
13 of BlackBerrys intellectual property rights not only allows Typo to trade on benefits from
14 BlackBerrys investment, it threatens to substantially diminish the goodwill that BlackBerry has
15 developed with consumers.
16
53.
Typos keyboard products have been marketed as a way to obtain the advantages
17 of BlackBerrys keyboard design for use with an iPhone while supplanting BlackBerry within its
18 customer base. On information and belief, for example, the co-founders of Typo, Laurence Hallier
19 and Ryan Seacrest, created the Typo Keyboard specifically to replace their BlackBerry devices
20 with a physical keyboard copied from a BlackBerry. As set forth on Typos website:
21
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For several years, many of our friends and colleagues carried two
phones: one for typing and correspondence and an iPhone for
virtually everything else. One night, we went out to dinner and both
had our phones on the table.
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25 (http://typokeyboards.com/about-us).
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54.
Typos infringement of BlackBerrys utility patents and design patent and its
27 infringement and dilution of the BlackBerry Keyboard Trade Dress have damaged and irreparably
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-14COMPLAINT AND DEMAND FOR JURY TRIAL
1 injured BlackBerry, and, unless Typo is preliminarily and permanently enjoined, Typo will further
2 damage and irreparably injure BlackBerry and the goodwill it has built.
3
55.
4 dilution of the BlackBerry Keyboard Trade Dress has irreparably injured the public, and, unless
5 preliminarily and permanently enjoined, will further irreparably injure the public, which has an
6 interest in being free from deception, confusion and/or mistake in the marketplace.
7
56.
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57.
11 by using, selling, and/or offering to sell in the United States, and/or importing into the United
12 States, the Typo Keyboard product in violation of 35 U.S.C. 271.
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Typo has infringed and continues to infringe one or more claims of the 552 Patent
17 by using, selling, and/or offering to sell in the United States, and/or importing into the United
18 States, the Typo Keyboard product in violation of 35 U.S.C. 271.
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Typo has infringed and continues to infringe one or more claims of the D775
23 Patent by using, selling, and/or offering to sell in the United States, and/or importing into the
24 United States, the Typo Keyboard product in violation of 35 U.S.C. 271.
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-15COMPLAINT AND DEMAND FOR JURY TRIAL
62.
63.
BlackBerry is the owner of all right and title to the distinctive BlackBerry
5 Keyboard Trade Dress. The BlackBerry Keyboard Trade Dress, as embodied in numerous
6 BlackBerry products, including the Bold 9000, Tour, Style, Torch, Bold Touch, and Q10, has
7 acquired secondary meaning, and is not functional.
8
64.
9 throughout the United States, the BlackBerry Keyboard Trade Dress has acquired distinctiveness
10 and enjoys secondary meaning among consumers, identifying BlackBerry as the source of these
11 products.
12
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66.
The Typo Keyboard product has misappropriated the BlackBerry Keyboard Trade
67.
19 with a product design that copies a combination of several elements of the BlackBerry Keyboard
20 Trade Dress is likely to cause confusion mistake, or to deceive the consumer as to the affiliation,
21 connection or association of Typo with BlackBerry, or to the origin, sponsorship, or approval by
22 BlackBerry of Typos goods and services.
23
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24 with a product design that copies a combination of several elements of the of the BlackBerry
25 Keyboard Trade Dress enables Typo to benefit unfairly from BlackBerrys reputation and success.
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27 1125(a).
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-16COMPLAINT AND DEMAND FOR JURY TRIAL
70.
Typo knew of the BlackBerry Keyboard Trade Dress when it designed its
2 Keyboard product. Accordingly, Typos infringement has been and continues to be intentional,
3 willful and without regard to BlackBerry Keyboard Trade Dress.
4
71.
BlackBerry has been and will continue to be irreparably harmed and damaged by
5 Typos conduct, and BlackBerry lacks an adequate remedy at law to compensate for this harm and
6 damage.
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BlackBerry is informed and believes, and on that basis alleges, that Typo has
8 further obtained investment by virtue of its infringement of the BlackBerry Keyboard Trade Dress.
9
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BlackBerry also has sustained damages as a direct and proximate result of Typos
74.
Because Typos actions have been willful, BlackBerry is entitled to enhanced and
13 exemplary damages, including treble its actual damages, to an award of costs, and, this being an
14 exceptional case, reasonable attorneys fees pursuant to 15 U.S.C. 1117(a).
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77.
Typo has misappropriated the BlackBerry Keyboard Trade Dress to promote its
78.
Typo has promoted the distinctive and famous BlackBerry Keyboard Trade Dress
23 in a manner that dilutes and is likely to dilute the distinctiveness of the BlackBerry Keyboard
24 Trade Dress by (a) diminishing the publics association of the exclusivity of the BlackBerry
25 Keyboard Trade Dress trade dress with BlackBerry as a company, and (b) diminishing the status
26 of the BlackBerry Keyboard Trade Dress as a unique identifier of the BlackBerry brand.
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-17COMPLAINT AND DEMAND FOR JURY TRIAL
80.
Typo knew of the BlackBerry Keyboard Trade Dress when it designed its
2 Keyboard products. Accordingly, Typos acts of dilution have been and continue to be
3 intentional, willful and without regard to the BlackBerry Keyboard Trade Dress.
4
81.
BlackBerry has been and will continue to be irreparably harmed and damaged by
5 Typos conduct, and BlackBerry lacks an adequate remedy at law to compensate for this harm and
6 damage.
7
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BlackBerry is informed and believes, and on that basis alleges, that Typo has
8 obtained investment by virtue of its dilution of the BlackBerry Keyboard Trade Dress.
9
83.
BlackBerry also has sustained damages as a direct and proximate result of Typos
84.
Because Typos actions have been willful, BlackBerry is entitled to enhanced and
13 exemplary damages, including treble its actual damages, to an award of costs, and, this being an
14 exceptional case, reasonable attorneys fees pursuant to 15 U.S.C. 1117(a).
15
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85.
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86.
The acts of Typo described above constitute unlawful, unfair, and fraudulent
20 business practices as defined by California Business & Professions Code 17200, et seq.
21
87.
BlackBerry has valid and protectable rights in the BlackBerry Keyboard Trade
22 Dress. The BlackBerry Keyboard Trade Dress does not serve any function other than to identify
23 BlackBerry as the source of its wireless handheld products. The BlackBerry Keyboard Trade
24 Dress is distinctive, and, through BlackBerrys long use, has come to be associated solely with
25 BlackBerry as the source of the products on which it is used.
26
88.
Typos use of its infringing trade dress is likely to cause confusion as to the source
27 of Typos products, and is likely to cause others to be confused or mistaken into believing that that
28 BlackBerry has authorized Typo to use its keyboard design, there is a relationship between Typo
-18COMPLAINT AND DEMAND FOR JURY TRIAL
1 and BlackBerry, or that Typos products are affiliated with or sponsored by BlackBerry. In
2 addition, Typos keyboard product is likely to dilute the distinctiveness and value of BlackBerrys
3 famous BlackBerry Keyboard Trade Dress.
4
89.
The above-described acts and practices by Typo are likely to mislead or deceive the
5 general public and therefore constitute fraudulent business practices in violation of California
6 Business & Professions Code 17200, et seq.
7
90.
8 1125(a), and dilution under 15 U.S.C. 1125(c), and are therefore unlawful acts in violation of
9 California Business & Professions Code 17200, et seq.
10
91.
Typo acted willfully and intentionally in designing its infringing trade dress, with
11 full knowledge of BlackBerrys prior rights in the distinctive BlackBerry Keyboard Trade Dress,
12 and with an intent to cause confusion or mistake or to deceive customers into believing that there
13 is an affiliation between Typo and BlackBerry or between Typos products and BlackBerrys
14 products.
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92.
The unlawful, unfair, and fraudulent business practices of Typo described above
16 present a continuing threat to the public in that Typo continues to promote its products by
17 wrongfully trading on the goodwill of the BlackBerry Keyboard Trade Dress.
18
93.
As a direct and proximate result of these acts, Typo has received, and will continue
94.
As a direct and proximate result of Typos wrongful conduct, BlackBerry has been
21 injured in fact, and such harm will continue unless Typos acts are enjoined by the Court.
22 BlackBerry has no adequate remedy at law for Typos continuing violation of BlackBerrys rights.
23
95.
Typo should be required to restore to BlackBerry any and all profits earned as a
24 result of their unlawful, unfair, and fraudulent business practices, or provide BlackBerry with any
25 other restitutionary relief as the Court deems appropriate.
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-19COMPLAINT AND DEMAND FOR JURY TRIAL
(Unjust Enrichment)
96.
97.
As a result of the conduct alleged herein, Typo has been unjustly enriched to
5 BlackBerrys detriment. BlackBerry seeks an accounting and disgorgement of all ill-gotten gains
6 and profits resulting from Typos inequitable activities.
7
1.
A judgment that Typo has infringed one of more claims of each of the 964, 552,
2.
An order and judgment preliminarily and permanently enjoining Typo and its
12 officers, agents, affiliates, employees, and attorneys, and all those persons acting or attempting to
13 act in concert or participation with them, from further acts of infringement of the 964, 552, and
14 D775 patents;
15
3.
16 for Typos infringement of the 964, 552, and D775 patents, including all pre-judgment and post17 judgment interest at the maximum rate permitted by law;
18
4.
19 35 U.S.C. 285 to the extent the Court finds this case exceptional;
20
5.
6.
An order preliminarily and permanently enjoining Typo and its officers, agents,
23 affiliates, employees, and attorneys, and all those persons acting or attempting to act in concert or
24 participation with them, from: directly or indirectly infringing the BlackBerry Keyboard Trade
25 Dress, or using any other product design similar to or likely to cause confusion with the
26 BlackBerry Keyboard Trade Dress; using any false designation of origin or false description,
27 including the appearance of its Keyboard product, that can, or is likely to, lead the consuming
28 public, or individual members thereof, to believe that any goods produced, advertised, promoted,
-20COMPLAINT AND DEMAND FOR JURY TRIAL
1 marketed, provided, or sold by Typo are in any manner associated or connected with BlackBerry,
2 or are advertised, promoted, marketed, sold, licensed, sponsored, approved or authorized by
3 BlackBerry; committing any other unfair business practices directed toward obtaining for
4 themselves the business and customers of BlackBerry; and committing any other unfair business
5 practices directed toward devaluing or diminishing BlackBerrys brand or business;
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An order pursuant to 15 U.S.C. 1118 requiring that all materials bearing the
14 infringing BlackBerry Keyboard Trade Dress to be delivered up and destroyed, and requiring
15 Typo to withdraw from the market all infringing products and advertising and promotional
16 material displaying the infringing products;
17
13.
An order directing Typo to file with the Court and serve upon BlackBerrys counsel
18 within thirty (30) days after entry of the order of injunction, a report setting forth the manner and
19 form in which Typo has complied with the injunction, including the provision relating to
20 destruction and recall of infringing products and materials;
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27
28
-21COMPLAINT AND DEMAND FOR JURY TRIAL
17.
Such other and further relief to which BlackBerry may show itself to be entitled,
2 including all remedies provided for in 15 U.S.C. 1117, Cal. Bus. & Prof. Code 17200, et seq.,
3 and under any other applicable law.
4
5 DATED: January 3, 2014
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-22COMPLAINT AND DEMAND FOR JURY TRIAL
1
2
JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38(b), BlackBerry Limited hereby demands
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-23COMPLAINT AND DEMAND FOR JURY TRIAL
EXHIBIT A
Grif?n et a].
(54)
(75)
(58)
(56)
References Cited
U.S. PATENT DOCUMENTS
4,029,915 A
6/1977 Ojima
4,449,839 A
D278,341 S
5/1984 Bleuer
4/1985 Scheid
(Continued)
Dl4/334i335, 346
See application ?le for complete search history.
(CA)
Notice:
*Dec. 8, 2009
(73) Assignee:
US 7,629,964 B2
0267801 A2
5/1988
(Continued)
OTHER PUBLICATIONS
(65)
US 2007/0242047 A1
(60)
(51)
Int. Cl.
(52)
G09G 5/00
(Continued)
Primary ExamineriRichard Hjerpe
Assistant ExamineriMansour M Said
(57)
ABSTRACT
(2006.01)
345/169; 345/168
US 7,629,964 B2
Page2
U.S. PATENT DOCUMENTS
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6,084,576
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5
A
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Camacho et a1.
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6,212,412 B1
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5/1995 Lookofsky
6/1995 Danziger
7/1995
7/1995
7/1995
111/1995
2/1996
s
S
s
A
A
Sakamoto
Nishiyamae1a1~
CaInPanaJr~e1a1~
$989119
Rosse1a1~
6,243,789
6,278,442
6,295,052
6,297,795
6,304,261
ECkhOlIIl
Martinez
Grif?n 6161.
015166166611 6161.
TSO etal
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4/2001 R6g61s6161.
5/2001 D6 6161.
B1
B1
B1
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HaSbllIl 6161.
Grif?n 6161.
K616 6161.
K616 6161.
s11161ds6161.
Kim
5,500,643 A
6,304,431 B1
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55431787 A
6,310,609 B1
10/2001 M61g6111116161
11/2001
5,563,631 A
D451079 S
5,575,576
5,600,790
5,606,712
5,611,031
133811021
5,659,307
5,661,605
D383,756
5,672,108
11/1996
2/1997
2/1997
3/1997
7/1997
8/1997
8/1997
9/1997
9/1997
D454,349
D4S4849
6,356,258
6,374,277
D456,794
6,385,463
6,396,482
D458239
D4S9327
A
A
A
A
5
A
A
S
A
Roysden, J1
Barnstijn et a1.
Hidaka
Hertzfeldetal.
411199189191
K999139191
Conway
Henderson et a1.
Lam et a1.
s
S
B1
B2
s
B1
B1
S
S
D386,497 S
D460068 S
5,689,253
D390,509
57371394
5,786,776
133971369
11/1997
2/1998
4/1998
7/1998
8/1998
D460493
D461803
6,452,588
D464,995
6,459,968
A
S
A
A
5
5,797,089 A
133971728
133991537
5,818,437
5,825,353
5,827,082
134021572
134031362
5,861,821
5,861,823
5,893,798
5,915,228
5,920,308
5,930,703
5,931,873
5,963,197
5,966,098
5,974,238
5
5
A
A
A
5
5
A
A
A
A
A
A
A
A
A
A
Hargreaves et a1.
AntZinas et a1.
Anderson @191
Kisaichi e131
Rissman
8/1998 Nguyen
9/1998
111/1998
10/1998
111/1998
111/1998
12/1998
12/1998
1/1999
1/1999
4/1999
6/1999
7/1999
7/1999
8/1999
10/1999
111/1999
10/1999
D416,024 S
134161256
5,982,520
6,005,496
6,006,351
6,009,333
6,014,429
6,014,573
6,018,651
D420,351
6,023,779
6,046,732
11/1999
11/1999
12/1999
12/1999
12/1999
1/2000
1/2000
1/2000
2/2000
2/2000
4/2000
5
A
A
A
A
A
A
A
s
A
A
611111119191
Weiser e1 91Hargreaves e1 91Pe1e1Ze1a1~
ChaCO
L6P6116 6161.
Lehtonen et a1.
B11161<6116161
Waldnef
11111161116161.
NiShiIIlOtO
6,489,950
6,507,336
D472,225
6,535,749
6,538,651
D472,551
D476,985
D478585
6,611,254
6,611,255
D479233
D479,714
D480,722
6,630,924
D482353
6,647,367
6,731,227
B1
B1
S
B1
B1
s
s
S
B1
B2
S
s
s
B1
S
B2
B2
6,873,317 B1
2001/0044828
2001/0048589
2002/0054676
2003/0006968
A1
A1
A1
A1
Ali
M61<16161661 61.
Eckholm
K616 6161.
Vong etal
L6v61161< 6161.
L16b611116116161.
Grif?n 6161.
ShiIn et a1
Ali
7/2002 Lanzaro et 31
S
S
B2
s
B1
D467,917 s
Yuen @191
(31119191
Grover et a1.
W111
Laine
Han
Fai
Kato etal.
51111119119191
5111111110110 @131
Kunihiro et a1.
Kim
Cairns
Cigar
Bacon et al.
Qie1a1~
Chase, Jr.
3/2002
3/2002
3/2002
4/2002
5/2002
5/2002
5/2002
6/2002
6/2002
7/2002
g/ZOOZ
9/2002
10/2002
10/2002
*
Grif?n et a1
Grif?n etal
Grif?n 6161.
Grif?n 6161.
K661116
12/2002
1/2003
3/2003
3/2003
3/2003
4/2003
7/2003
g/2003
8/2003
8/2003
9/2003
9/2003
10/2003
10/2003
l1/2003
11/2003
5/2004
Grif?n 6161.
Lunsford
Grif?n
M616 6161.
H6y1116116161.
Grif?n
Grif?n
Grif?n
Grif?n 6161.
Grif?n 6161.
Grif?n
DOIlIlef
Grif?n
P661
Helin
M6A11111116161.
Horie
3/2005 Grif?n et a1
11/2001
12/2001
5/2002
1/2003
Kikinis
Bfalldenbefg
Z1166 6161.
SOlOIIlOIl
0278169
0538020
0685801
0732646
A2
A1
A1
A2
8/1988
4/1993
12/1995
9/1996
US 7,629,964 B2
Page 3
EP
EP
JP
JP
WO
WO
WO
WO
WO
WO
WO
0760291
1143327
64-35429
H04-102911
96/04618
98/33111
99/37025
00/30381
00/38041
00/74240
01/50335
A2
A1
A1
A1
A1
A1
A1
A1
A1
3/1997
10/2001
8/1987
4/1992
2/1996
7/1998
7/1999
5/2000
6/2000
12/2000
7/2001
OTHER PUBLICATIONS
available in 1996.
Photo of Nokia 9000 Communication Product, noted in Table 1 of p.
available in 1997.
available in 1996.
* cited by examiner
US. Patent
Dec. 8, 2009
Sheet 2 of4
US 7,629,964 B2
mom
US. Patent
Dec. 8, 2009
Sheet 3 of4
US 7,629,964 B2
US 7,629,964 B2
1
25
30
35
mized for use With a minimal number of key strokes. Prior art
40
45
50
the palm of ones hand requires that tWo goals are achieved.
First, the data entry must be relatively easy from a user per
spective. This means that the user must be someWhat familiar
With analogous forms of data entry and not have to be trained
to use the data entry for the hand-held device. Second, the
55
pecking typing.
An additional feature of the invention is thus use of an
65
US 7,629,964 B2
3
keys on the left side of the keyboard are chosen based upon
observation of the angle at Which a user Will orient his or her
for data input. In the preferred embodiment, only keys for the
26 letters of the English alphabet are available as Well as a
backspace key, a line feed key, an alt key, a cap key and a
space bar. The alt key enables the user in conjunction With the
pressing the Wheel toWard the back of the pager. This clicking
the user can easily move his or her thumb from the thumb
30
35
40
45
55
keys 901, and specialiZed keys 902, 903, 904 and 905 and
space bar 906. Also shoWn is thumbWheel 1000 in its vertical
60
entry device;
FIG. 2 is a frontal vieW of the hand-held device shoWing the
65
US 7,629,964 B2
5
What is claimed:
1. A handheld messaging device for Wireless email that is
thumbs, comprising:
a left side set of keys and a right side set of keys, With the
left side set of keys positioned left of a keyboard center
and being oriented at an angle in a negative orientation,
20
that a thumb Would hit, the keys are preferably oval, and have
a rho 965 de?ning the curvature of the key of 0.4 l 4, although
values may range higher or loWer. Other rho values Will lead
to an acceptable, but not as optimal or aesthetically pleasing
shape of keys 901 . As to the key dimensions, the Width 970 of
the key 901 is 4.8 millimeters (971 representing the radius of
half that value, 2.4 mm) and the length (or height) 972 of the
key 901 is 7 millimeters (973 representing the radius of half
that value, 3.5 mm).
30
keyboard center;
35
40
device; and
a display operatively coupled to the keyboard Wherein at
least one key of the plurality of keys of the keyboard is
45
50
keyboard center;
55
60
ing:
a device housing having a left edge and a right edge;
65
a display; and
other key,
US 7,629,964 B2
8
7
the letter keys being arranged in an upper roW including 10
betWeen the left edge and the right edge, the keys in each
the keys in each of the middle and upper roWs are on each
20
have the same total number of keys, and the keys in each of
said tWo roWs are distributed from adjacent the left edge
across the top surface to adjacent the right edge.
7. The device of claim 5 Wherein in each of the upper,
middle and loWer roWs each letter key on the other side of the
vertical reference line is symmetrical relative to a respective
other key:
the tWenty six letter keys and the at least one other key
25
the top surface from adjacent the left edge to adjacent the
right edge,
30
35
edge to the center of the key most closely adjacent the right
50
and Wherein in the middle roW four letter keys and an at least
one other key are positioned on the other side of the vertical
reference line.
keys is oblong.
60
other than the key most closely adjacent the left edge of the
device and the key most closely adjacent the right edge of the
signal.
edge.
device from adjacent the left edge to adjacent the right edge,
the key most adjacent the right edge are displaced from, and
lie on the same side, of a straight line extending from the
center of the key of the roW most closely adjacent to the left
the keys in each of the upper, middle and loWer roWs being
arranged so that approximately half of the keys in each
of the respective roWs are positioned to the left of the
vertical reference and approximately half of the keys in
Which each of the letter keys has a height greater than its
Width.
12. The handheld device of claim 5 Wherein, in each of the
upper, middle and loWer roWs, the centers of all the keys in the
roW other than the keys most closely adjacent the left edge and
a letter key in the middle roW being adjacent the left edge of
the housing and the keys in the middle roW being dis
tributed across the top surface of the housing from adja
upper roW and the middle roW have the same total number of
keys.
straight line extending from the center of the key of the roW
most closely adjacent to the left edge to the center of the key
US 7,629,964 B2
9
24. The keyboard of claim 19 in Which at least tWo of the
roWs have the same number of total keys.
25. The keyboard of claim 19 Wherein in each of the upper,
middle and loWer roWs each letter key on a ?rst side of the
Vertical line is symmetrical relative to a letter key on an other
10
26. The keyboard of claim 19 Wherein the letter keys in
each of the upper, middle and loWer roWs are arranged in
respective arcs.
EXHIBIT B
Rak et al.
(54)
(75)
(73)
5,898,933 A
D445A09 S
6,370,018 B1
6,480,185 B1
D470,150 S
Notice:
4/1999 Kaschke
7/2001 Segers
4/2002 Miller, Jr. et a1.
11/2002 Kiljander et a1.
2/2003 Lewis, Jr. et al.
(Continued)
FOREIGN PATENT DOCUMENTS
EP
1094482 A2
(CA)
(*)
US 8,162,552 B2
4/2001
(Continued)
OTHER PUBLICATIONS
palmitreoi750v-l704php.
Flled:
(Continued)
sep' 25 2007
(65)
(57)
51
ABSTRACT
25 2006'
I t C]
n '
'
G06F 3/023
vertical centerline
ible ke s has a to
2006 01
' )
~~~~~ ~~
- >
400/472
(56)
References Clted
U'S' PATENT DOCUMENTS
1,468,566 A *
5,046,739 A
9/l99l
D3 56,788 S
D375748 S
ReichoW
3/1995 Mizusugi et 31
11/1996 Hartman
D389,l57 S
D393,628 S
er
y
p g g
pp
inboard portion is raised relative a loWer outboard portion
eys is rampe
portion toWar
US 8,162,552 B2
Page 2
US. PATENT DOCUMENTS
2003/0083020 A1
2003/0201983 A1
gigfggg g1
2004/0087333 A1
13,480,057 S
6628/5 B2
90003 Husgill
t l
900% E0 eune a'
2004/0105220 A1
2004/0229663 A1
6,671,170 B2
12/2003 vliltronall
13,488,155 S
40004 W?1
D5021 S
6 919,879 B2
13,509,493 S
69611052
13,519,502
70501764
13,524,803
B1
S
B2
S
DSNOOI S
135281098 S
11/2005
40006
500%
7/2006
V1n.e.rennere a'
Ham?
1
CW1 lnseta'
Tarso? t l
5/2003 Langford
10/2003 Jokinen 61211.
2005/0136853 A1
6/2005 Lenchiketal.
2005/0190083 A1
2005/0235021 A1
2006/0062626 A1
2006/0079292 A1
10/2005 (31161161111.
3/2006 Hamilton @1211.
4/2006 Carlsonetal.
2006/0209032
2007/0188462
2007/0234208
2007/0238489
9/2006
8/2007
10/2007
10/2007
A1
A1
A1
A1
2007/0259698 A1
2008/0055253 A1
Chiang etal.
Lee 61:11.
Scott
Scott
11/2007 (31161161111.
135321415 S
11/2006 CgreYtetla~
2008/0101594 A1
5/2008 Raketal.
D5331 S
2009/0051658 A1
2/2009 Frohlund
D537082 S
2009/0102799 Al*
gif?rtl 91ml.
a.
13556207 S
D559,223 s
11/2007 Grif?n
1/2008 Kim @1211.
EP
JP
000716238-0001
2003084887 A *
11562332 S
2/2008 Raketal
JP
2003288154 A
D563,415 s
D570,840 s
4/2007
3/2003
* 10/2003
OTHER PUBLICATIONS
BlackBerryPearl8loo,announcedsep2006,httpr//WWW~gSmarena~
7,953,448 B2*
COIIVblackberryip?lrli100-1701~P11P~
5/2011
2002/0060518 A1
2002/0063690 Al*
gsmarena.com/blackberryfcurvef8300-l979.php.
2002/0149566 A1
2003/0067445 A1
10/2002 Sarkissian
* cited by examiner
US. Patent
300\
Sheet 1 of8
/ 18
V0
FIG. 1
US 8,162,552 B2
US. Patent
Sheet 2 of8
US 8,162,552 B2
3
46
2
FIG. 3
M / 0/,
D
US. Patent
Sheet 3 of8
US 8,162,552 B2
US. Patent
Sheet 4 of8
US 8,162,552 B2
6E
m
~TI%L\,
6E
N
US. Patent
Sheet 5 of8
300\
FIG. 8
US 8,162,552 B2
US. Patent
Sheet 6 of8
300\
332
FIG. 9
US 8,162,552 B2
US. Patent
Q.
D
F
Sheet 7 of8
US 8,162,552 B2
US 8,162,552 B2
1
CROSS REFERENCE
FIELD
DETAILED DESCRIPTION
BACKGROUND
35
40
is secured to the housing and the keys are located on the face
side of the device.
In the alternative to comprising a full keyboard, the
sure;
The format of the indicia shoWn on the keys can comprise, for
example, the letters A-Z in one of a standard keyboard layout
and/or numerals as described later in this Writing. Examples
rounding key(s).
digits, for striking the keys. One problem the present disclo
sure appreciates and addresses is the fact that When the keys
present a generally uniform top surface, it is easy to inadvert
tive keys.
Handheld mobile communication devices can be used to
55
the keyboard;
60
overlay of FIG. 3;
FIGS. 6 and 7 are side (lateral and bottom, respectively)
vieWs of the ?exible keyboard overlay of FIG. 3;
65
US 8,162,552 B2
3
entry, use their thumbs, or use some other type of entry that is
different from the typical motion of a typist that uses a regu
the left side 40 to the right side 42 of the keyboard and from
the top side 36 to the bottom side 38 of the keyboard.
described by the Way the user strikes keys and holds the
3).
20
example, the edges of the keys have been beveled so they are
less likely to be engaged by an adjacent ?nger or thumb. In
keys surface.
25
enhancing the ramped nature of the keys top surface. For the
keys of the left-hand key?eld, the con?guration is mirrored.
Because of the scallops, a top plan vieW of the key demon
strates that the elevated Wave portion is not at the edge of the
40
key, but in fact more centrally located With respect the top
surface of the key.
Referring again to FIG. 3, the keyboard is depicted as a
?exible overlay sheeting for incorporation into a Wireless
microphone 336.
55
US 8,l62,552 B2
5
right-to-upper-left inclined.
keyboard 332 provides the user With a familiar location for the
25
included microprocessor.
The keys comprising the key?elds can be of several shapes
Width and height of the keyboard, etc.; albeit the length of the
keys Will typically be greater than the Width. In some embodi
ments, a navigation controller assembly 328, or other auxil
iary I/O device, can be disposed proximate, or Within a por
tion of the void 39.
The ramped keys 30 can be arranged such that the upper
roW of keys in the left-hand key?eld 32 are keys Q, W,
E, R, and T. Another loWer roW of keys in the left-hand
35
40
45
input keys 26 to form the top side 36 and bottom side 38 of the
Zontal line that extends across a roW of keys; the indicia can
60
US 8,162,552 B2
7
user may also hold the device 300 in such a manner to enable
tWo thumbs to type on the device 300. Furthermore, the user
may use ?ngers rather than thumbs to actuate the keys on the
device 300. In order to accommodate palm-cradling of the
device, D2, is generally greater than the Width D1, and the
Width is preferably betWeen approximately tWo and three
display device.
20
25
30
35
45
50
the keyboard.
more palm(s) the palm of a users hand. The siZe of the device
300 is such that a user is capable of operating the device using
the same hand that is holding the device. In an embodiment,
the user is capable of actuating all features of the device 300
using a single thumb of the cradling hand. In an embodiment,
the handheld device 300 features a keyboard 332 on the face
60
65
US 8,162,552 B2
9
10
contact With front housing cover 101 and back support frame
ment 105 and left side element 106 With the front housing
cover 101, bottom piece 108, back support frame 109, PCB,
and lens 103. These side elements 105, 106 provide additional
protection and strength to the support structure of the device
300. In the presently described exemplary embodiment,
backplate 104 is removably attached to the back support
ity of LEDs.
In one embodiment, the trackball navigational tool assem
frame 109.
20
25
30
35
45
55
65
US 8,162,552 B2
11
12
ager (PIM) 354, and the device state 350. Furthermore, pro
grams 358 and other information 356 can be segregated upon
storage in the ?ash memory 324 of the device 300. HoWever,
another embodiment of the ?ash memory 324 utiliZes a stor
age allocation method such that a program 358 is allocated
additional space in order to store data associated With such
program. Other knoWn allocation methods exist in the art and
those persons skilled in the art Will appreciate additional Ways
to allocate the memory of the device 300.
25
30
35
40
and the like, and analog to digital (A/D) conversion. The A/D
conversion alloWs the DSP 320 to perform more complex
45
ing on the signals that are received by DSP 320 from the
receiver 312. The DSP 320 is also capable of issuing control
commands to the receiver 312. An example of a control com
50
60
US 8,162,552 B2
13
14
sent using the keyboard 332 and/or auxiliary I/O 328, and the
sends the signals to the DSP 320 Which controls the transmit
ter 314 and provides the correct signals to the transmitter 314.
Then, the transmitter 314 sends the signals to the antenna 318,
Which emits the signals to be detected by a communication
netWork 319. Likewise, When the receiver 312 obtains a sig
nal from the receiving antenna 316 that is a voice signal, it is
transmitted to the DSP 320 Which further sends the signal to
20
25 as doWnloaded.
30
35
Well.
When the email originates from a source outside of the
device and is communicated to the device 300, it is ?rst
received by the receiving antenna 3 1 6 and then transmitted to
the receiver 312. From the receiver 312, the email message is
45
50
the key.
3. The keyboard as recited in claim 1, Wherein the top
crest.
55
60
slopes.
7. The keyboard as recited in claim 6, Wherein each of the
depressible keys has an upper side surface that slopes doWn
US 8,162,552 B2
15
16
Ward from the elevated ridge at a grade greater than any grade
of the top engagement surface.
8. The keyboard as recited in claim 1, Wherein the key?eld
further comprises:
comprising:
25
30
35
40
board.
22. The Wireless handheld mobile communication device
as recited in claim 21, Wherein the auxiliary input device is a
trackball arrangement.
*
EXHIBIT C
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