You may recall BlackBerry won an injunction against Typo LLC back at the end of March. This injunction is due to take effect on Friday, which is when BlackBerry is due to post a bond with the court. Since the trial is still ongoing, this money is supposed to cover Typo’s lost profits during the injunction should it end up winning the case. Everyone still on board?
This afternoon, BlackBerry is urging the court to move up the injunction date alleging Typo has misled the court in how it handles its business. According to a filing with the U.S. District Court for the Northern District of California, BlackBerry states that “Typo has contradicted its prior sworn statements and has significantly changed the way it does business in an attempt to flood the market with infringing keyboards before entry of the injunction.”
During the initial injunction debate, Typo LLC claimed a sales ban was not needed because of its relatively small size and online-only sales in comparison to BlackBerry.
According to PC World, BlackBerry has discovered Typo keyboards on sale through a retailer at LAX after the injunction was approved. BlackBerry claims Typo has changed the way they sell these keyboards at this moment as they know of the impending injunction by week’s end. BlackBerry has dubbed it a “fire sale” to get as many keyboard out on the market as possible.
“Rather than taking pre-orders and shipping upon availability as it did in the past, Typo very recently began offering same day shipping at no extra charge for customers purchasing the Typo Keyboard from its website.”
In terms of the bond BlackBerry must put forth, the companies have also disagreed. BlackBerry suggested $500,000, and while the exact amount that Typo had requested was redacted from court documents, it was definitely a lot more than BlackBerry had anticipated. The judge in the case seemed to also agree, “The amount of bond requested by Typo is wildly inappropriate given the relatively limited sales activity that Typo represented to the Court had occurred to date.”
As of now, BlackBerry will still be posting its bond on Friday, and Typo’s injunction will go into effect at the same exact time.