After BlackBerry won the preliminary injunction against Typo Products LLC, barring the Ryan Seacrest-backed Typo from selling its $99 iPhone case/keyboard combo, they released a revamped design.
BlackBerry then asked judge William Orrick to uphold the preliminary injunction preventing the company from selling the Typo keyboard in any form. Typo pressed that the new keyboard design did not infringe on any BlackBerry patent.
However, Judge Orrick disagreed, ruling the “new keyboard isn’t grounds for lifting the preliminary injunction.” This will give BlackBerry time to realize in court that Typo violated the preliminary injunction. “BlackBerry has raised significant questions suggesting that Typo’s sales to foreign retailers after the injunction went into effect…violated the preliminary injunction,” said Judge Orrick.
Typo claims they didn’t violate any of BlackBerry’s patents because they “sold and delivered entirely outside of the United States and were not or intended to be sold in the United States.” It is certainly looking in BlackBerry’s favor, but it may be years and many Typo iterations later before we a victor.