Merged 9288 - 1-1408644829

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page1 of 23
1 QUINN EMANUEL URQUHART & SULLIVAN LLP

James Asperger (Bar No. 83188)
2 jamesasperger@quinnemanuel.com
865 S. Figueroa St., 10th Floor
3 Los Angeles, California 90017
Telephone: (213) 443-3000
4 Facsimile: (213) 443-3100
5
Kevin P.B. Johnson (Bar No. 177129)

6 kevinjohnson@quinnemanuel.com
Ray R. Zado (Bar No. 208501)
7 rayzado@quinnemanuel.com
555 Twin Dolphin Drive, 5th Floor
8 Redwood Shores, California 94065-2139
Telephone:
(650) 801-5000
(650) 801-5100
9 Facsimile:
10 Attorneys for BlackBerry Limited
11
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
15 BlackBerry Limited, a Canadian Corporation
CASE NO. 3:14-cv-23
16
BLACKBERRY LIMITEDS
COMPLAINT FOR PATENT
INFRINGEMENT, TRADE DRESS
INFRINGEMENT, DILUTION, UNFAIR
BUSINESS PRACTICES, AND UNJUST
ENRICHMENT
Plaintiffs,
17
18
vs.
19 Typo Products LLC, a Nevada Limited

Liability Company
20
21
DEMAND FOR JURY TRIAL
Defendant.
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25
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27
28
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff BlackBerry Limited (BlackBerry) complains against Typo Products LLC
2 (Typo) as follows:
3
4
INTRODUCTION
1.
BlackBerry revolutionized the mobile communications industry. Its innovative,
5 cutting-edge products changed the way millions of people around the world connect, converse,
6 and share digital information.
7
2.
BlackBerry was founded in 1984 in Waterloo, Ontario by two engineering students,
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
11 offer a portfolio of award-winning products, services, and embedded technologies to tens of

12 millions of individual consumers and organizations around the world, including governments,
13 educational institutions, and over 90% of Fortune 500 companies. By transforming the way
14 people communicate, BlackBerry laid a foundation for todays multibillion-dollar modern
15 smartphone industry.
16
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.
BlackBerrys innovations in keyboard design have given rise to broad intellectual
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
2 obtain recompense for the harm that BlackBerry has suffered.

3
4
THE PARTIES
8.
BlackBerry Limited is a Canadian company with its principal place of business at
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
9.
On information and belief, Typo Products LLC is a Nevada limited liability
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/.
10
11
JURISDICTION AND VENUE

10.
This Court has subject matter jurisdiction under 15 U.S.C. 1114, 1125, and 28
12 U.S.C. 1331, 1338(a), 1338(b) and 1367.

13
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.
Venue is proper in this District under the provisions of 28 U.S.C. 1391(b)(2),
26 because a substantial part of the events or omissions giving rise to the claims occurred in this
27 judicial district.
28
1
2
INTRADISTRICT ASSIGNMENT
14.
Because this action is an Intellectual Property Action within the meaning of Civil
3 Local Rule 3-2(c), the action is to be assigned on a district-wide basis.

4
FACTS COMMON TO ALL CLAIMS
BlackBerrys Innovation and Industry Recognition
15.
BlackBerry is a global leader in the mobile communications industry. Through its
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.
In the late 1990s, BlackBerry began to release a series of game-changing handheld
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.
Since those first smartphones, BlackBerry has continued to offer handheld
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.
1
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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.
15
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.
28
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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.
18
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25.
Each successive iteration of BlackBerrys wireless devices has received industry
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.
As a result of its innovative and distinctive keyboard designs, BlackBerrys
5 devices have achieved overwhelming commercial success, and BlackBerrys physical keyboard
6 has become uniquely associated with the BlackBerry name.
7
27.
BlackBerrys smartphones with physical keyboards have been advertised
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.
BlackBerrys smartphones with physical keyboards have also received significant
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.
BlackBerrys handheld devices and their keyboards have garnered widespread
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.
28
1
2
BlackBerrys Utility Patents

30.
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
BlackBerrys Design Patent

33.
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.
25
26
BlackBerry Keyboard Trade Dress

35.
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.
36.
The following non-functional elements of the design of BlackBerrys keyboard
2 devices comprise some of the product configuration trade dress at issue in this case (the
3 BlackBerry Keyboard Trade Dress):
4
a keyboard with an overall symmetrical design around the vertical

center line, comprising several horizontal dividing bars above rows of
sculpted keys, the last of which is rounded on the bottom edge;
several horizontal bars in contrasting color and finish set above

horizontal rows of keys;
several top rows of roughly square shaped keys having little horizontal
space between them;
a bottom row of roughly rectangular shaped keys having curved bottoms

edges and 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
15
keys having distinct lettering or graphical icons printed on the surface.
16
37.
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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.
27
28
1
2
Typos Infringing Products

38.
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);
27
The Typo Keyboard That Turns An iPhone Into A BlackBerry;
28
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 Brings Physical BlackBerry Keyboard to iPhone;
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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3
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5
6
7
8
41.
Indeed, Typo has acknowledged its copying of BlackBerrys iconic keyboard. On
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:
So its the best thing about a BlackBerry, within the iPhone.
12
Ryan Seacrest:
Thats kind of how this came to fruition.
13
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
19
20
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
24 available for pre-order on its website at the following page:

25 http://typokeyboards.myshopify.com/products/typo-iphone-keyboard-case/.
26
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
1 as set to begin in January 2014.

2
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
15
Infringement of BlackBerrys Design Patent

49.
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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Infringement of BlackBerrys Trade Dress
14
15
50.
Typos Keyboard product embodies a combination of several elements of the
16 BlackBerry Keyboard Trade Dress identified above, namely, a keyboard product configuration
17 with:
18
a keyboard with an overall symmetrical design around the vertical

center line, comprising several horizontal dividing bars above rows of
sculpted keys, the last row of which is rounded on the bottom edge;
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;
a bottom row of roughly rectangular shaped keys having curved bottoms

edges and 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
19
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51.
keys having distinct lettering or graphical icons printed on the surface.

Typos keyboard product has caused and is likely to continue to cause confusion,
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.
One of BlackBerrys most significant distinctions in the marketplace is the design
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
23
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.
24
Two people, four phones!
22
25 (http://typokeyboards.com/about-us).
26
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
28
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.
Typos infringement of BlackBerrys design patent and its infringement and
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
FIRST CLAIM FOR RELIEF
(Infringement of United States Patent No. 7,629,964)
56.
10
57.
BlackBerry incorporates and realleges paragraphs 1 through 55 of this Complaint.

Typo has infringed and continues to infringe one or more claims of the 964 Patent
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.
13
SECOND CLAIM FOR RELIEF
14
(Infringement of United States Patent No. 8,162,552)
15
58.
16
59.
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.
19
THIRD CLAIM FOR RELIEF
20
(Infringement of United States Patent No. D685,775)
21
60.
22
61.
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.
25
26
27
28
FOURTH CLAIM FOR RELIEF
(Trade Dress Infringement)
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.
In addition, based on extensive and consistent advertising, promotion, and sales
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
65.
BlackBerrys extensive advertising, promotion, and sales of products with the
13 distinctive BlackBerry Keyboard Trade Dress have resulted in BlackBerrys acquisition of

14 valuable, legally protected rights in the BlackBerry Keyboard Trade Dress, as well as considerable
15 consumer goodwill.
16
66.
The Typo Keyboard product has misappropriated the BlackBerry Keyboard Trade
17 Dress by copying a combination of several elements of that trade dress.

18
67.
Typos manufacture, promotion, and distribution of the Typo Keyboard product
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
68.
Typos manufacture, promotion, and distribution of the Typo Keyboard product
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.
26
69.
Typos actions constitute false designation of origin in violation of 15 U.S.C.
27 1125(a).
28
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.
7
72.
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
73.
BlackBerry also has sustained damages as a direct and proximate result of Typos
10 infringement of the BlackBerry Keyboard Trade Dress in an amount to be proven at trial,

11 including Typos profits and/or gains of any kind resulting from its acts of infringement.
12
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).
15
FIFTH CLAIM FOR RELIEF
16
(Trade Dress Dilution)
17
75.
18
76.
As alleged above, the BlackBerry Keyboard Trade Dress has acquired
19 distinctiveness in the minds of consumers and has become famous.

20
77.
Typo has misappropriated the BlackBerry Keyboard Trade Dress to promote its
21 own infringing products in interstate commerce.

22
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.
27
79.
Typos actions constitute dilution in violation of 15 U.S.C. 1125(c).
28
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
82.
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
10 infringement of the BlackBerry Keyboard Trade Dress in an amount to be proven at trial,

11 including Typos profits and/or gains of any kind resulting from its acts of dilution.
12
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
SIXTH CLAIM FOR RELIEF
16
(Unfair Business Practices - California Business
17
and Professions Code 17200, et seq.)
18
85.
19
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
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.
The above-described acts constitute false designation of origin under 15 U.S.C.
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.
15
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
19 to profit from, the strength of the BlackBerry Keyboard Trade Dress.

20
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.
26
27
28
SEVENTH CLAIM FOR RELIEF
(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
PRAYER FOR RELIEF
8 WHEREFORE, BlackBerry prays for the following relief:

9
1.
A judgment that Typo has infringed one of more claims of each of the 964, 552,
10 and D775 patents;

11
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.
A judgment awarding BlackBerry all damages adequate to compensate BlackBerry
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.
A judgment awarding BlackBerry its reasonable attorneys fees as provided for in
19 35 U.S.C. 285 to the extent the Court finds this case exceptional;
20
5.
A judgment awarding BlackBerry all of Typos profits as provided for in 35 U.S.C.
21 289, including prejudgment interest;

22
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,
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;
6
7.
Actual damages suffered by BlackBerry as a result of Typos unlawful conduct, in
7 an amount to be proven at trial, as well as prejudgment interest as authorized by law;

8
8.
Reasonable funds for future corrective advertising;
9.
An accounting of Typos profits as provided for in 15 U.S.C. 1117;
10
10.
A judgment trebling any damages award as provided for in 15 U.S.C. 1117;
11
11.
A judgment awarding BlackBerry its reasonable attorneys fees as provided for in
12 15 U.S.C. 1117 and any applicable state law;

13
12.
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;
21
14.
Punitive damages pursuant to California Civil Code 3294;
22
15.
Restitutionary relief against Typo and in favor of BlackBerry, including
23 disgorgement of wrongfully obtained profits and any other appropriate relief;

24
16.
Costs of suit and reasonable attorneys fees; and
25
26
27
28
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
QUINN EMANUEL URQUHART &

SULLIVAN, LLP
7
8
9
By /s/ Kevin P. B. Johnson

Kevin P. B. Johnson
Attorney for BlackBerry Limited
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38(b), BlackBerry Limited hereby demands
3 trial by jury of all triable issues.

4
5 DATED: January 3, 2014
QUINN EMANUEL URQUHART &

SULLIVAN, LLP
6
7
8
By /s/ Kevin P. B. Johnson

Kevin P. B. Johnson
Attorney for BlackBerry Limited
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case3:14-cv-00023-WHO Document1-1 Filed01/03/14 Page1 of 13
EXHIBIT A

US007629964B2
(12) United States Patent
(10) Patent No.:
Grif?n et a].
(54)
(75)
(45) Date of Patent:
HAND-HELD ELECTRONIC DEVICE WITH A

KEYBOARD OPTIMIZED FOR USE WITH
THE THUMBS
(58)
Holmes, Waterloo (CA); Mihal

Lazaridis, Waterloo (CA); Herb A
Little, Waterloo (CA); Harry R Maj or,
Waterloo (CA)
(56)
References Cited
U.S. PATENT DOCUMENTS
Research In Motion Limited, Waterloo
4,029,915 A
6/1977 Ojima
4,449,839 A
D278,341 S
5/1984 Bleuer
4/1985 Scheid
(Continued)
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
Field of Classi?cation Search ....... .. 345/156460,
Dl4/334i335, 346
See application ?le for complete search history.
(CA)
Notice:
*Dec. 8, 2009
345/162, 1684173; 400/427, 472, 479, 486,

400/489; 34l/20i23; D14/191*192, 138,
Inventors: Jason T Grif?n, Waterloo (CA); John A
(73) Assignee:
US 7,629,964 B2
FOREIGN PATENT DOCUMENTS

EP
This patent is subject to a terminal dis

claimer.
0267801 A2
5/1988
(Continued)
OTHER PUBLICATIONS
(21) Appl. No.: 11/740,801

(22) Filed:
Anonymous: Triangular Toggle Keys for Touch-Tone Phones;

IBM Technical Disclosure Bulletin, vol. 31, No. 1, Jun. 1, 1988, p.
47-49, NeWYork, US.
Apr. 26, 2007
(65)
Prior Publication Data
US 2007/0242047 A1
Oct. 18, 2007
Related US. Application Data
(60)
Continuation of application No. 10/425,121, ?led on

Apr. 28, 2003, noW Pat. No. 7,227,536, Which is a
continuation of application No. 09/634,774, ?led on
Aug. 9, 2000, noW Pat. No. 6,611,254, Which is a
division of application No. 09/106,585, ?led on Jun.
29, 1998, noW Pat. No. 6,278,442, Which is a continu
ation-in-part of application No. 29/089,942, ?led on

Jun. 26, 1998, noW Pat. No. Des. 416,256.
(51)
Int. Cl.
(52)
US. Cl. ..................................... ..
G09G 5/00
(Continued)
Primary ExamineriRichard Hjerpe
Assistant ExamineriMansour M Said
(57)
ABSTRACT
A hand-held electronic device With a keyboard optimized for

use With the thumbs is disclosed. In order to operate Within
the limited space available on a hand-held electronic device,
the present invention optimizes the placement and shape of

the keys, preferably using keys that are oval or oblong in
shape, and that are placed at angles designed to facilitate
thumb-typing. The angles at Which keys on either side of the
keyboard are placed is complimentary.
(2006.01)
345/169; 345/168
26 Claims, 4 Drawing Sheets
US 7,629,964 B2
Page2
U.S. PATENT DOCUMENTS
6,047,047 A
4/2000 Aldridge 6161.

4/2000 M61616 6161.
4/2()()() Jarrad
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12/1987 Wan et a1.
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6,047,197 A
133121628 5
12/1990 Y<>1<<>i e1 91-
6,049,796 A *
4/2000
s1116116116161. .............. .. 707/3
133131401
133131413
5,059,048
5,184,830
5,217,295
5,288,158
1/1991
1/1991
10/1991
2/1993
6/1993
2/1994
6,052,070
6,084,576
6,091,956
6,094,197
6,102,594
6,103,979
4/2000
7/2000
7/2000
7/2000
g/ZOOO
8/2000
K1v6166161.
L6116161.
H611611b61g
B11><1611 6161.
Strom
M616y61116 6161.
5
5
A
A
A
A
Tanabe
Langton
Sirkin
Okada 6131
Tortolaet a1.
Matias
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A
A
A
A
A
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3/1994 Nambaetal. ............ .. D14/138
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8/2000 campo etal
5,336,001 A
8/1994 Lichtenberg
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8/2000 P111111pps6161.
5,337,346
5,360,280
5,367,298
133571253
5,410,141
5,410,333
A
A
A
S
A
A
5,416,730 A
5,426,449 A
133591920
5,436,954
5,436,960
5,457,454
133671043
5
A
A
A
5
8/1994
11/1994
11/1994
4/1995
4/1995
Uchikura
Camacho et a1.
Axthelm
Wong
Koencketal.
4/1995 Conway
D432,511
D433017
D433,460
6,148,261
6,157,323
10/2000
10/2000
11/2000
11/2000
12/2000
D436,591 s
6,212,412 B1
D441,733 s
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
1/2001 Abs16116161.
4/2001 R6g61s6161.
5/2001 D6 6161.
B1
B1
B1
B1
B1
6/2001
8/2001
9/2001
10/2001
10/2001
HaSbllIl 6161.
Grif?n 6161.
K616 6161.
K616 6161.
s11161ds6161.
Kim
5,500,643 A
3/1996 Grant ........................ .. 341/22
6,304,431 B1
10/2001
55431787 A
8/1996 Karidis @191-
6,310,609 B1
10/2001 M61g6111116161
11/2001
5,563,631 A
10/1996 Masunaga ................. .. 345/169
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
11/1997 Huslig et a1. ............. .. D14/191
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
11/1999 Johansson et a1. ........ .. D14/247
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.
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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
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M61<16161661 61.
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K616 6161.
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Grif?n 6161.
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7/2002 Lanzaro et 31
S
S
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s
B1
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Yuen @191
(31119191
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Fai
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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 TiSChef .................... .. D14/345
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

EP
EP
EP
EP
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
Programmable Claculators: Hewlett-Packard HP-200LX,Viktor T.

Toth, copyr. 2001, 2002, from web page at www.rskey.org/hp2001x.
htrn.
Photo of RIM 850/950 Product, product announcement, noted in

Table 1 of p. 7 of Cite No. 1; photo date unknown, product (RIM 950)
said by Motorola to be available on Sep. 1, 1998.
Research In Motion Ltd./RAM Mobile Data Supply Agreement per
taining to RIM 850-950 Product; Jun. 27, 1997.
Photo of Philips Velo 1 Product, noted in Table 1 of p. 7 of Cite No.
1; photo date unknown, product said by Motorola to be available in
Aug. 1997.
Photo of NEC Talktime 800 Series Product and product literature,
noted in Table 1 of p. 7 of Cite No. 1; photo date unknown, user guide
said by Motorola to be available in 1996, 1997.
Photo ofAEG 1995 Product, noted in Table 1 ofp. 7 of Cite No. 1;
photo date unknown, product said by Motorola to be available in
1995.
Photo of Motorola 1997 Product, noted in Table 1 of p. 7 of Cite No.
1; photo date unknown, product said by Motorola to be available in

1997.
Photo of Motorola Page Writer 2000 Product, noted in Table 1 of p.

7 of of Cite No. 1; photo date unknown, product said by Motorola to
be available in early 1997.
Photo of Husky Field Explorer 21 Product, noted in Table 1 of p. 7 of

Cite No. 1; photo date unknown, product said by Motorola to be
available in Mar/Apr. 1999.
Photo of Motorola t990 Product, noted in Table 1 of p. 7 of Cite No.
1; photo date unknown, product said by Motorola to be available on
Jan. 6, 2000.
Photo of RIM 857 Product, noted in Table 1 of p. 7 of Cite No. 1;
Photo of Motorola Page Writer 250 Product, noted in Table 1 of p. 7
photo date unknown, product said by Motorola to hanve been
of Cite No. 1; photo date unknown, product said by Motorola to be

available in early 1997.
Photo of RIM INter@ctive Pager 800/900,noted in Table 1 of p. 7 of
Cite No. 1; photo date unknown, product said by Motorola to be
released in Oct. 2000.
Portion (pp. 1-7) of Motorola Inc.s First Supplemental Response to

First set of Interrogatories (No. 14) and Exhibit A appended to the
Response; Jul. 15, 2009.
available in 1996.
Photo of Nokia 9000 Communication Product, noted in Table 1 of p.
Photo of Ether Age ClipKee MiniKeyboard Product, noted in Table 1

of page 7 of Cite No. 1; photo date unknown, advertising related to the
product said by Motorola to be available Jul. 2001.
Photo of Handspring Treo 180 Product, noted in Table 1 of p. 7 of Cite
No. 1; photo of date unknown, product said by Motorola to be
7 of Cite No. 1; photo date unknownproduct said by motorola to be
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
HAND-HELD ELECTRONIC DEVICE WITH A

KEYBOARD OPTIMIZED FOR USE WITH
THE THUMBS
otherWise be controlled by a keyboard that included function
keys. To encourage data entry using thumbs and again to

minimize the number of keys on the keyboard, the instant
invention also includes a thumb-Wheel for control of menus
This application is a continuation of US. application Ser.

No. 10/425,121 entitled Hand-Held Electronic Device With
for section selection of forms and functions relevant to data
A Keyboard Optimized For Use With The Thumbs, ?led Apr.
the keyboard to enable the easy transition from thumb -based

typing to thumb control of forms and functions.
In addition to hardWare features that encourage optimal
data entry through the use of thumbs, there are several soft
Ware features that are designed to minimize keystrokes and
aid in entry of data.
The features of this invention, both individually and col
input. The thumb-Wheel is positioned in close proximity to
28, 2003 now US. Pat. No. 7,227,536, Which is a continua
tion of US. application Ser. No. 09/634,774, entitled Hand

Held Electronic Device WithA Keyboard Optimized For Use
With The Thumbs, ?led Aug. 9, 2000, (now US. Pat. No.
6,611,254) Whichis a divisional of US. application Ser. No.
09/106,585, entitled Hand-Held Electronic Device With A
Keyboard Optimized For Use With The Thumbs, ?led Jun.
29, 1998 (now US. Pat. No. 6,278,442), Which is a Continu
ation-in-Part of US. Design application Ser. No. 29/089,942,
entitled Hand-Held Messaging Device With Keyboard, ?led
Jun. 26, 1998 (now US. Pat. No. Des. 416,256), and assigned
to the assignee of the present invention.
lectively, have not, to the knoWledge of the inventors, been

applied to a small hand-held electronic device that requires
user-generated data entry. To permit ef?cient operation of

such devices While keeping the form factor of the device small
enough to be Worn on the body, there is a general need for a
hand-held electronic device that can ?t in the palm of the hand
20
BACKGROUND OF THE INVENTION
There is a further need for a keyboard for a palm-size data
entry device With keys placed at an angle to optimize opera

tion of the keyboard by the use of the thumbs.
There remains another need for a keyboard With keys that
The present invention is directed toWard the ?eld of small,

hand-held electronic devices such as personal data assistants
(PDAs), personal information managers (PIM), tWo-Way

pagers and the like. In particular, the system and method of
the present invention provide the user of the hand-held device
With the ability to input data With a minimal amount of key
strokes and optimized for use substantially With the thumbs.
In a tWo-Way paging system that provides tWo-Way, full
and that can be operated substantially With the thumbs.
25
are shaped and sized to maximize contact With the thumbs
While minimizing the keyboard area required for such keys.

There also remains a need for an auxiliary input device that
30
is to be operated by the thumb for data inputs forms and

function control and that, in conjunction With the keyboard,
encourages and permits data entry and management through
text messaging, there is a need to permit the user to initiate
input performed substantially by the thumbs.
messages and to respond to messages in a timely fashion and

With text entirely created by the user. In order to keep the form
There remains still another need for a software-imple

mented user interface system that is designed, at least in part,
to support and encourage data entry through use of the
thumbs.
factor of the tWo-Way pager small enough to be Worn on the

body of the user, such as With a belt clip, the input device
needs to be small, have a minimal number of keys and opti
35
SUMMARY OF THE INVENTION
mized for use With a minimal number of key strokes. Prior art
systems have attempted to address these needs by incorporat

ing virtual keyboards or pen-based input systems for user
inputs to the device, but such systems require the user to input
40
data in an unfamiliar manner. Additionally, in a small hand
thumbs. In the preferred embodiment of the present inven

tion, the hand-held electronic device is a tWo-Way paging
device that permits full-text, tWo-Way messaging such as
held messaging device, such as a tWo-Way pager, these sys

tems prove aWkWard to use.
In order to provide a hand-held electronic device that per

mits a user the opportunity to enter data into an address book,
a calendar, a task list, an email message or a similar text ?le
45
email messaging and that includes standard PDA or PIM

features such as an address book, an electronic calendar, a
that requires user-generated data, the instant invention is
task list and other text-based features. These features require

user input of text strings that can be lengthy and that cannot be
reduced to pre-determined or canned strings. Thus, for such
directed to an input device that is oriented to be used substan
tially through use of the thumbs. This is accomplished ?rst by

providing a keyboard With a minimal number of keys, but
The present invention overcomes the problems noted

above and satis?es the needs in this ?eld for a hand-held
electronic device With a keyboard optimized for use With the
50
a device, the e?icient entry of data in a device meant to ?t into
With the keys representing the alphabet generally placed in
the palm of ones hand requires that tWo goals are achieved.
the same order as they Would appear on a standard keyboard,

such as in a standard QWERTY or a DVORAK keyboard
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
layout. The use of a keyboard layout that is familiar to the user

enables the user to immediately use the device Without having
to hunt for the keys he or she Wishes to use.
Although the layout is similar to a standard keyboard, the

keys are placed at an orientation and in a particular shape that
attempts to maximize the surface area of the thumb hitting the
key and to provide the user With a comfortable position of the
hands for data input. Also, the orientation encourages input
by the thumbs, Which the inventors of the instant invention
55
form factor does not permit a large number of keys or keys

that are very large. Thus ef?cient use of the keyboard space is
required and functions that might be able to be performed by

60
To accomplish these goals, the invention ?rst optimizes the
have discovered to be faster and more accurate in small hand
placement of the keys on the device keyboard. In order to

Work Within the limited space available for the keyboard, it
held electronic devices than touch-typing or hunting and
pecking typing.
An additional feature of the invention is thus use of an
additional input means for control of functions that might
a standard key board are off-loaded to an auxiliary input

device or are performed, through a minimal number of key
strokes that encourage the use of thumb-based data entry.
65
Was determined that it Was preferable to use keys that Were
oval or oblong and that Were placed at angles designed to

facilitate use by thumb typing. An angle for the keys on the
US 7,629,964 B2
3
right side of the keyboard and a complementary angle for the
FIG. 4 is a diagram of the control circuitry for the thumb

Wheel.
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
DETAILED DESCRIPTION OF THE INVENTION
thumbs While thumb-typing.

The invention also minimiZes the number of keys available
Referring noW to the draWings, FIG. 1 is a block diagram of
for data input. In the preferred embodiment, only keys for the
26 letters of the English alphabet are available as Well as a
the major subsystems and elements comprising a palm-siZed,
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
rates the invention. In its broadest terms, the messaging
other keys to input numbers and symbols to perform certain

functions. The placement of the keys is designed to enhance
the user experience While typing With the thumbs by meeting
nected to a DSP 200 for digital signal processing of the
mobile, tWo-Way messaging device that preferably incorpo

device includes a transmitter/receiver subsystem 100 con
incoming and outgoing data transmissions, poWer supply and

management subsystem 300, Which supplies and manages
tWo seemingly opposite goalsiminimizing the keyboard
poWer to the overall messaging device components, micro

processor 400, Which is preferably an X86 architecture pro
footprint While maximizing the likelihood that proper keys

Will be struck by the thumb-typing user.
The invention also provides additional incentive for the
user to use thumb input by providing an input device adjacent
to the keyboard, but integral to the overall hand-held device.
Although other devices can be used in an auxiliary fashion,
the preferred device is a thumbWheel that registers movement
of the Wheel by measuring the number of indents traversed
While rolling the Wheel and that also registers as an input the
cessor, that controls the operation of the messaging device,

display 500, Which is preferably a full graphic LCD, FLASH
memory 600, RAM 700, serial output and port 800, keyboard
900, thumbWheel 1000 and thumbWheel control logic 1010.
20
In its intended use, a message comes via a Wireless data
netWork, such as the Mobitex netWork, into subsystem 100,
pressing the Wheel toWard the back of the pager. This clicking
Where it is demodulated via DSP 200 and decoded and pre

sented to microprocessor 300 for display on display 500. To
access the display of the message, the user may choose from
of the Wheel is similar to the clicking of a mouse associated
25 functions listed under a menu presented as a result of user
With a PC or any other input device that registers the depres

sion of a button. The thumbWheel in the preferred embodi
ment is placed vertically on the tWo-Way paging device so that
retrieving data forms, such as an e-mail template or address
interaction With thumbWheel 1000. If the message is an email

message, the user may choose to respond to the email by
selecting Reply from a menu presented on the display
through interaction via thumbWheel 1000 or via menu selec
tion from keyboard 900. In typing the reply, the user can use
keyboard 900 to type full text message replies, or insert a
book entry template, for data entry.

Additionally, various softWare techniques can be imple
keystroke pattern or through pulling doWn pre-determined
depression or clicking of the Wheel, Which is performed by
the user can easily move his or her thumb from the thumb
Wheel to the keyboard and back for performing functions and
mented to enhance the thumb-typing users experience in

using the device of the instant invention. In the preferred
embodiment, for example, the user can change the capitali
Zation of a particular letter simply by keeping a key depressed
30
pre-determined or canned response by either a particular
35
message preferably by interaction through thumbWheel 1 000,

or alternatively, With less e?iciency, through a combination of
for a particular length of time Without an intermittent release
keyboard 900 keystrokes. When the microprocessor 300
being detected by the keyboard controller.

The primary advantage of the present invention is that it
enables e?icient and user-friendly data entry into a palm
siZed electronic device by maximiZing the potential for user
40
These are just a feW of the many advantages of the present
cesses the message for transport and, by directing and com
45
to another party. Also, the keyboard 900 and thumbWheel
ments and its several details are capable of modi?cations in
preferred embodiment set forth beloW are to be regarded as

illustrative in nature and not restrictive.
1000 can be used to permit data entry to an address book

resident on the messaging device, or an electronic calendar or
50
log book, or any other function on the messaging device

requiring data entry. Preferably, the thumbWheel is a thumb
Wheel With a push button SPST With quadrature signal out
puts, such as that manufactured by Matsushita Electronic
Components Co. Ltd. As part number EVQWK2001.
55
FIG. 2 is a front vieW of messaging device 10 that incor

porates the invention. ShoWn in FIG. 2 are a plurality of letter
BRIEF DESCRIPTION OF THE DRAWINGS
The present invention satis?es the needs noted above as
Will become apparent from the folloWing description When

read in conjunction With the accompanying draWings
Wherein:
FIG. 1 is a block diagram of a tWo-Way, full-text, messag
keys 901, and specialiZed keys 902, 903, 904 and 905 and
space bar 906. Also shoWn is thumbWheel 1000 in its vertical
60
ing device incorporating a keyboard and an auxiliary data
entry device;
FIG. 2 is a frontal vieW of the hand-held device shoWing the
shape and placement of the keys on the keyboard and the
auxiliary input device;

FIG. 3 is a diagram shoWing the shape, siZe and placement
of the keys on the keyboard; and
the reply message to be sent via the Wireless communications

data netWork to the intended recipient. Similar interaction
through I/ O devices keyboard 900 and thumbWheel 1000 can
be used to initiate full-text messages or to forWard messages
ciated, the invention is capable of other and different embodi
various respects, all Without departing from the spirit of the

invention. Accordingly, the draWings and description of the
receives an indication that the message is to be sent, it pro
municating With transmitter/receiver subsystem 100, enables
data entry through thumb typing.

invention, as described in more detail beloW. As Will be appre
text strings from a menu of items presented on display 500

through the use of thumbWheel 1000. When the reply to the
message is composed, the user can initiate the sending of the
65
orientation and in association With display 500 and keyboard

900. In the preferred embodiment, 902 is the alt key, 903 is the
cap key, 904 is the line feed key and 905 is the backspace key.
FIG. 3 is a vieW ofa subset ofthe letter keys 901, shoWing
dimensions and relative position of the keys. ShoWn also is
the point 950 that marks the center of keyboard 900, key
dimensions 970, 971, 972, and 973, as Well as angle 960 and
the rho value 965, representing curvature of a letter key 901.
In investigating optimal key placement on the keyboard, it
US 7,629,964 B2
5
Was determined that the keys should be placed at an angle 960

relative to vertical that facilitated easy typing using thumbs.
embodiment is presented only by Way of example and is not

meant to limit the scope of the present invention Which is
de?ned by the folloWing claims.
That angle is preferably positive 40 degrees relative to verti

cal for keys on the right side of the keyboard (Where 950 is
center of the keyboard) and negative 40 degrees for the keys
on the left side of the key board, although complementary
angles ranging from 20 degrees to 70 degrees could also be
used to accomplish the goal, albeit less optimally, of facili
tating thumb typing. Also as shoWn in FIGS. 2 and 3, the keys
What is claimed:
1. A handheld messaging device for Wireless email that is
optimally con?gured to facilitate user thumb-typing With
thumbs, comprising:
to are dispersed across keyboard 900 evenly so that there is
a keyboard having a plurality of keys representing the

letters of the alphabet said keyboard integral to the hand
suf?cient space betWeen the keys to decrease the opportunity
held messaging device, the plurality of keys comprising
for multiple keys being depressed While thumb typing. Addi

tionally, the keys are siZed appropriate given the footprint of
the messaging device and the keyboard 900. In its preferred
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,
embodiment, the messaging device 10 measures across its

face 64 mm by 89 mm, Which does not leave much room for
keyboard center and being oriented at the angle in a
and the right side set of keys positioned right of the
positive orientation; and
keyboard 900 and display 500. In the preferred embodiment,

keyboard 900 occupies over half of the face of the messaging
device 10.
The key shape and dimensions are also key components of
20
the invention. In order to maximize the surface area of the key
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).
a display operatively connected to the keyboard;

Wherein at least one key of the plurality of keys of the
keyboard is placed at an angle that optimiZes use sub
stantially With thumbs pursuant to the user thumb typ
ing.
2. The messaging device of claim 1, Wherein the at least one
key of the plurality of keys is oblong shaped and the angle is

25
30
Turning to one of the software features that aids in the
about 20 degrees to about 70 degrees relative to vertical.
3. A messaging device, further comprising;

a keyboard integrated to the messaging device and having
a plurality of keys representing the letters of the alphabet
board integral to the messaging device, each of said
plurality of keys having a shape that alloWs for angular
orientation of the key and the plurality of keys compris
device 10 being optimally used for thumb typing is a capi
ing a left side set of keys positioned left of a keyboard

center and a right side set of keys positioned right of the
taliZation feature implemented via softWare. If a user
depresses a key 901, the operating system detects a key up

event. If upon a key doWn event, a period of time elapses
before a key up event is detected, the operating system deter
mines that a key repeat event has occurred representing a
keyboard center;
35
indicia associated With each of the plurality of keys,

Wherein the indicia is oriented normal to a longitudinal
axis of the device and each of the plurality of keys are
oriented at an angle relative to a longitudinal axis of the
situation Where a user has continued to depress a key Without
releasing it. A key repeat event is then treated by application

softWare residing in either FLASH 600 or RAM 700 as an
40
event that requires the capitaliZation of the key previously
device; and
a display operatively coupled to the keyboard Wherein at
least one key of the plurality of keys of the keyboard is
depressed. This feature disables a key repeat feature and
oriented at an angle that optimiZes use substantially With

thumbs pursuant to user thumb typing.
substitutes instead a capitaliZation feature based upon a key
repeat. The timing of the key scanning to determine Whether

a key has been released can be set to permit a sloWer keyboard
response or a faster keyboard response, depending upon user
45
4. A messaging device comprising:

a keyboard integral to the message device and having plu
rality of keys representing the letters of the alphabet
experience or preferences. Although the capitaliZation func
board integral to the messaging device, each of said

plurality of keys having a shape that alloWs for angular
orientation of the key and the plurality of keys compris
ing a left side set of keys positioned left of a keyboard
center and a right side set of keys positioned right of the
tion preferably Works only to change the state of a letter to a
capital, it alternatively could operate to change a capital letter

to a loWer case letter. The actual display is changed by the
50
application program substituting the value of the capital letter

in the register that holds the value of the letter to be displayed.
keyboard center;
As alternatively implemented, the continued depressing With

out release of a letter key could result in a key oscillating
betWeen upper case and loWer case, depending on the length
of time the key is depressed.

FIG. 4 is the logic circuitry 1010 associated With thumb
Wheel 1000. ThumbWheel 1000 outputs quadrature signals
phase A 1021 and phase B 1022, Which are processed by D
?ip-?ops and 1032 to present signals 1041 W_UP and 1042
W_DN to microprocessor 300. Signals and 1042 represent,
55
60
respectively, a user rolling the thumbWheel up and rolling the

thumbWheel doWn.
Having described in detail the preferred embodiments of

the present invention, including the preferred methods of
operation, it is to be understood that this operation could be
carried out With different elements and steps. This preferred
indicia is positioned on each of keys, Wherein the indicia is

oriented normal to a longitudinal axis of the device and
each of the plurality of keys are oriented at an angle
relative to a longitudinal axis of the device; and
a display operatively coupled to the keyboard Wherein at
least one key of the plurality of keys of the keyboard is
oriented at an angle that optimiZes use substantially With
thumbs pursuant to user thumb typing.
5. A handheld electronic communication device, compris
ing:
a device housing having a left edge and a right edge;
65
a display; and
a keyboard having tWenty-six letter keys and at least one
other key,
US 7,629,964 B2
8
7
the letter keys being arranged in an upper roW including 10
16. The handheld device of any one of claims 5, 6 and 7 in

Which each of the letter keys is inclined relative to the hori
Zontal and the vertical.
Which each of the letter keys on the left of the vertical line is
inclined at a negative angle relative to the vertical and each of
the letter keys on the right of vertical line is inclined at a
letter keys, a middle roW including 9 letter keys and a
loWer roW including 7 letter keys,

the letter keys in the upper roW being distributed from
adjacent the left edge to adjacent the right edge;

each letter key in the loWer roW being in substantial vertical
alignment With a letter key in the middle roW,
each letter key in the middle roW being in substantial ver
tical alignment With a letter key in the upper roW,
the keys in each of the roWs being disposed on the opposite
sides of a vertical reference line substantially midWay
positive angle relative to the vertical, each of the angles being

in the range of 20 to 70 degrees.
18. The handheld device of claim 5 including an auxiliary
betWeen the left edge and the right edge, the keys in each
input, and Wherein a displacement of the auxiliary input in
of the upper and middle roWs disposed such that half of
one direction provides a selecting signal and a displacement

in a different direction provides an executing signal.
the keys in each of the middle and upper roWs are on each
side of the vertical reference line, ?ve letter keys in the
19. A keyboard for use With a mobile communication
upper roW being disposed on each side of the vertical
device, the keyboard con?gured in a device housing having a

top surfaces the top surface having a left edge and a right edge
and being bisected by a vertical reference substantially mid
Way betWeen the left edge and the right edge,
the keyboard having tWenty-six letter keys and at least one
line, ?ve letter keys in the middle roW being disposed on

one side of the vertical reference line and four letter keys
in the middle roW being disposed on the other side of the
vertical reference line, and the keys in the loWer roW
20
being disposed such that four letter keys are disposed on

the one side of the vertical reference line and three letter
keys in the loWer roW are disposed on the other side of
the vertical reference line.
6. The device of claim 5 Wherein at least tWo of the roWs
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 letter keys in of the upper roW being distributed across
the top surface from adjacent the left edge to adjacent the
right edge,
30
letter key on the one side of the vertical line.

8. The device of any one of claims 5, 6 and 7 in Which the
9. The handheld device of claim 5 Wherein the housing has

a top surface and the display and keyboard are positioned on
the top surface.
Which each of the letter keys is oblong.
35
each of the respective roWs roW are positioned to the

40
edge to the center of the key most closely adjacent the right
posed on one side of the vertical reference and four letter
keys in the middle roW being disposed on the other side

of the vertical reference, and four letter keys in the loWer
45
50
upper and middle roWs.
and middle roWs has the same total number of keys.

55
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.
22. The keyboard of claim 19 Wherein each of the letter
keys is oblong.
60
input device in one direction provides a selecting signal and a

displacement in a different direction provides an executing
23. The keyboard of claim 19 Wherein, in each of the upper,

middle and loWer roWs, the centers of all the keys in the roW
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.
responsive to depressing of the thumbWheel.
21. The keyboard of claim 19 Wherein each of the letter

keys is longer on one direction than in a direction orthogonal
to the one direction.
14. The handheld device of claim 5 including an auxiliary
15. The handheld device of claim 14 Wherein the auxiliary

input device is a thumbWheel that produces a ?rst signal
responsive to rolling of the thumbWheel and a second signal
each letter key in the loWer roW being substantially verti

cally aligned With a respective letter key in each of the
20. The keyboard of claim 19 Wherein each of the upper
13. The handheld device of any of claims 5, 6 and 7 Wherein

the keys in the middle roW are arranged across the Width of the
input device, and Wherein a displacement of the auxiliary
roW being disposed on the one side of the vertical refer

ence line and three letter keys in the loWer roW being
disposed on the other side of the vertical reference line;

and
edge.
device from adjacent the left edge to adjacent the right edge,
upper roW being disposed on each side of the vertical
reference, ?ve letter keys in the middle roW being dis
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
right of the vertical reference, ?ve letter keys in the
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
cent the left edge to adjacent the right edge,
upper roW and the middle roW have the same total number of
keys.
being arranged in an upper roW, a middle roW, and a

loWer roW,
device are displaced from, and lie on the same side, of a

65
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
most closely adjacent the right edge.
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
side of the Vertical line.
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

US008162552B2
(12) United States Patent
(10) Patent N0.:
Rak et al.
(54)
(75)
(73)
(45) Date of Patent:
RAMPED-KEY KEYBOARD FORA

HANDHELD MOBILE COMMUNICATION
DEVICE
5,898,933 A
D445A09 S
6,370,018 B1
6,480,185 B1
D470,150 S
Inventors: Roman P. Rak, Waterloo (CA); Jason T.

Grif?n, Kitchener (CA); Norman M.
Ladwceur Waterloo (CA)
Assignee: Research In Motion Limited, Waterloo
Notice:
Apr. 24, 2012
4/1999 Kaschke
7/2001 Segers
4/2002 Miller, Jr. et a1.
11/2002 Kiljander et a1.
2/2003 Lewis, Jr. et al.
(Continued)
EP
1094482 A2
(CA)
(*)
US 8,162,552 B2
4/2001
(Continued)
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U'S'C~ 154(1)) by 1246 days
OTHER PUBLICATIONS
Palm Treo 750v, announed Sep. 2006, http://WWW.gsmarena.c0m/
palmitreoi750v-l704php.
(21) Appl. N0.: 11/861,118

(22)
Flled:
(Continued)
sep' 25 2007
(65)
Primary Examiner * Daniel J Colilla
Prior Publication Data

US 2008/0224899 A1
(74) Attorney, Agent, or FirmiFitch, Even, Tabin &

Flannery, LLP
Sep. 18, 2008
(57)
Related US. Application Data
(60) Provisional application No. 60/826,898, ?led on Sep.
51
ABSTRACT
Wireless handheld mobile communication device and key

board therefore having a key?eld including a plurality of
25 2006'
depressible keys arranged in roWs that are distributed about a
I t C]
n '
'
G06F 3/023
vertical centerline
ible ke s has a to
2006 01
' )
~~~~~ ~~
- >
400/472
See aPPhCaUOn ?le for Complete Search hlstory_
(56)
References Clted
U'S' PATENT DOCUMENTS
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er
y
p g g
pp
inboard portion is raised relative a loWer outboard portion
223 3131i; cigggagaggggaa"" " 2639213152?

(
c of the keyboard. Each of the dep ress
en a ement surface of Which an u
11,3??? The OP new?

i
eys is rampe
05,6903 the E1:
rornt e oWer out oar
portion toWar
the upper inboard portion. Each top engagement surface is
generally crest shaped, With the apex of the crest running

generally diagonally across the respective key With the rest of
the top engagement surface falling aWay from the crest

toWard the upper outboard portion and the loWer inboard
portion of the key. The top engagement surface of each of the
depressible keys terminates at an upper edge thereof in an
-
elevated ndge doWn from Wh1ch the balance of the respect1ve

top engagement surface slopes.
22 Claims, 8 Drawing Sheets
US 8,162,552 B2
Page 2
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gigfggg g1
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90006 cetll meg
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2005/0235021 A1
2006/0062626 A1
2006/0079292 A1
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3/2006 Hamilton @1211.
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2007/0188462
2007/0234208
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3/2008 Moosavi @1211.
135321415 S
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5/2008 Raketal.
D5331 S
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2/2009 Frohlund
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20007 Grilgin e a'
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4/2009 Moosavi et a1. ............ .. 345/169
gif?rtl 91ml.
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EP
JP
000716238-0001
2003084887 A *
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* cited by examiner
US. Patent
300\
Apr. 24, 2012
Sheet 1 of8
/ 18
V0
FIG. 1
US 8,162,552 B2
US. Patent
Apr. 24, 2012
Sheet 2 of8
US 8,162,552 B2
3
46
2
FIG. 3
M / 0/,
D
US. Patent
Apr. 24, 2012
Sheet 3 of8
US 8,162,552 B2
US. Patent
Apr. 24, 2012
Sheet 4 of8
US 8,162,552 B2
6E
m
~TI%L\,
6E
N
US. Patent
Apr. 24, 2012
Sheet 5 of8
300\
FIG. 8
US 8,162,552 B2
US. Patent
Apr. 24, 2012
Sheet 6 of8
300\
332
FIG. 9
US 8,162,552 B2
US. Patent
Q.
D
F
Apr. 24, 2012
Sheet 7 of8
US 8,162,552 B2
US 8,162,552 B2
1
RAMPED-KEY KEYBOARD FOR A

HANDHELD MOBILE COMMUNICATION
DEVICE
FIG. 8 is a perspective front vieW of an alternatively con
?gured handheld mobile communication device according to

this disclosure;
FIG. 9 is a front elevational vieW of the handheld mobile
communication device of FIG. 8 demonstrating the Width, d1,

of the device;
CROSS REFERENCE
FIG. 10 is an exploded perspective vieW of an exemplary

Wireless handheld electronic device incorporating an key
The present application claims the bene?t of US. Provi
sional Application No. 60/826,898, ?led Sep. 25, 2006. Said

application is expressly incorporated herein by reference in
its entirety.
board con?gured according to the present disclosure; and

FIG. 11 is a block diagram representing a Wireless hand
held communication device interacting in a communication
netWork.
FIELD
DETAILED DESCRIPTION
This disclosure relates to keyboards for handheld elec

tronic devices, and more particularly to keyboards for hand
held electronic devices, as Well as the devices themselves, that
have keys Which include a turned-up or ramped corner that
It should be appreciated at the outset that While the instant

disclosure describes one or more preferred embodiments of a
ramped-key keyboard, such embodiments are presented
facilitates thumb typing.

20
BACKGROUND
The keyboard of a handheld electronic device, and more

particularly, a handheld mobile communication device, can
be used to enter text for sending messages electronically, as
Well as to dial phone numbers for voice calls. The keyboard
for text entry can take many different forms including a key
board in Which all letters of the alphabet are shoWn on respec
cation devices comprising ramped-key keyboards. As used

herein, the term handheld electronic device describes a
25
send electronic mail and other data messages. Even though

these devices have the ability to send text messages, the entry
of text requires care to avoid striking unintended keys. Today,
handheld mobile communication devices are being designed
With smaller Widths Which present a challenge in designing a
keyboard that is both easy to use and has large enough keys for
the user. Use of the device is further complicated by the fact
that users typically make use of their thumbs, the largest of the
nication devices, and mobile handheld communications

devices, Which can interact With one or more communications
30
35
40
of different types of standard keyboard layouts include, but

Dvorak layouts. In the embodiments disclosed, the keyboard
45
BRIEF DESCRIPTION OF THE DRAWINGS

50
nication (handheld electronic) device comprising a keyboard

con?gured according to the teachings of the present disclo
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
ramped-key keyboard can be con?gured to comprise a plu

rality of keys Wherein alphabetic letters are associated With
the keys, but at least a portion of the individual keys have
multiple alphabetic letters associated thereWith. This type of
con?guration is referred to as a reduced keyboard (in com
parison to the full keyboard described immediately above)

and can, among others comprise QWERTY, QWERTZ,
AZERTY, and Dvorak layouts.
sure;
FIG. 2 is a front vieW of the loWer front portion of the

handheld mobile communication device of FIG. 1 including
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
are not limited to: QWERTY, QWERTZ, AZERTY, and
rounding key(s).
FIG. 1 is a perspective vieW of a handheld mobile commu
The ramped-key keyboard disclosed herein can be a full

keyboard. A full keyboard refers to a keyboard on Which all
the keys of the alphabet are shoWn as indicia on the keys.
Reference to a full keyboard in the remainder of the disclo
sure can be abbreviated as keyboard. Furthermore, key
boar can also be used to refer to a ramped-key keyboard.
ently press surrounding keys When an intended key is pressed

using the users thumb. Therefore, the solutions of this dis
closure focus on designs that facilitate a particular keys
depression, While avoiding inadvertent actuations of sur
netWorks to transmit and receive data of various types, e.g.,
text, voice, data, etc.
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
relatively small electronic device that is capable of being held

in a users hand. Handheld electronic device is a broad term
that includes devices further classi?ed as handheld commu
tive keys.
Handheld mobile communication devices can be used to
solely for purposes of illustration and are not intended to be

limitations on the scope of the disclosure.
The instant disclosure relates to handheld electronic
devices and more particularly to mobile handheld communi
55
Generally, typing or inputting information on a handheld
the keyboard;
electronic device is typically performed by using the thumbs
FIG. 3 is a front vieW of a ?exible keyboard overlay for

incorporation into a handheld mobile communication device
shoWing a users thumbs oriented relative thereto;
FIG. 4 is a perspective vieW of the ?exible keyboard over
to strike the keys. The motion of the thumbs While holding a

handheld electronic device is different When compared With
the typical motion that a typist uses When using a standard
siZed keyboard, e.g., a typeWriter, Word processor, or key
board that is attached to a computer. The ?ngers used to type
60
lay of FIG. 3 Without indicia;

FIG. 4a is an expanded vieW of several keys of the key
board of FIG. 3 located adjacent the vertical centerline (Vc);
on standard typeWriters, Word processing machines, e.g.

desktop computers, or other data entry devices, typically
involves holding the hands and ?ngers over a set of keys that
FIG. 5 is a front elevational vieW of the ?exible keyboard
overlay of FIG. 3;
FIGS. 6 and 7 are side (lateral and bottom, respectively)
vieWs of the ?exible keyboard overlay of FIG. 3;
65
make up a so-called home roW of keys. Typing on a handheld

electronic device, on the other hand, does not alloW a user to
use all of his/her ?ngers because the device is too small to
US 8,162,552 B2
3
accommodate the use of all of the ?ngers. Consequently,
allel With respect to one another, but can be otherwise. Top 36

and bottom 38 sides can be, alone or in combination, linear or
users of such handheld mobile communication/ electronic
devices are forced to employ a hunt and peck type style of
arced and the arced sides can be concave, convex or combi
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
nations thereof. The ramped-key keys 30 and input keys 26

(function keys) of the keyboard predominantly extend from
larly siZed keyboard. This condition is further aggravated by
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.
the use of smaller devices in Which the keys of the keyboard
Generally, the keyboard 332 comprises a left-hand key?eld
are made smaller and/or closer to one another.
Additionally, the range of motion of the human thumb is

different from that of the human ?ngers. Typing on a key
32, Which is located to the left of the vertical centerline VC of
board of a handheld mobile communication device can be
the housing, and a right-hand key?eld 34, Which is located to

the right of the vertical centerline VC of the housing (see FIG.
described by the Way the user strikes keys and holds the
3).
device. When the user desires to type on the handheld mobile

communication device, the device is rested in one or more
ramped-keys is curved and resembles a cresting Wave. The
In one contemplated con?guration, the top surface of the
palm(s) of the users hand(s) and the thumb(s) are used to
perform the key striking.

Because of the large footprint of the thumb When typing
on keys of these small keyboards, it is easy to actually be
engaging tWo or more keys When only one is intended. Mea
sures have previously been taken to minimize this effect. For
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.
this manner, more clearance space is provided around a par
ticular key thereby accommodating an engaging ?nger or

thumb With less overlap on adjoining keys.
25
In the accompanying ?gures, a handheld electronic device

is generally illustrated by reference numeral 300. Handheld
ent actuation of those surrounding keys. This clearance Zone

establishes an enhanced actuation Zone for the target key.
30
On keys of the right-hand key?eld 34, the left top comer

contains the elevated Wave portion. As an enhancement, the
bottom right comer can be lowered or shaved doWn further
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
LED display), input buttons 26 (Which may be left and right

mouse, telephone buttons for initiating or ending a tele
strates that the elevated Wave portion is not at the edge of the
phone call, function buttons, keyboard buttons, etc.), cursor

navigation controller assembly 328 for navigating a cursor
about the electronic graphical display and causing execution

of a selected function to be performed, speaker 334, and
The ramped-key is scalloped behind the Wave portion,

Which is to say undercut slightly back toWard the key body. In
this Way, the several surrounding keys collectively provide a
clearance space around the target or central key thereby aid
ing actuation of only that target key While avoiding inadvert
electronic device 300, Which can comprise a mobile commu
nications device, is seen as comprising housing 12 having

front side 14, rear side 16, top side 18, bottom side 20, right
side 22 and left side 24. In the ?gures, handheld electronic
device 300 is illustrated as further comprising a ramped-key
keyboard 332 (Which can be a QWERTY keyboard), an elec
tronic graphical display 322 (Which can be an illuminable
vertical portion of the Wave basically provides an upturning

Wall against Which the thumb engages When depressing the
particular key. The very top of the Wave is provided With a
ridge that can be tactually sensed by the thumb, and the ridge
also provides resistance to the thumb slipping over the top of
the ramped-key. The top of the Wave also provides an elevated
portion to the key that can be engaged up above the rest 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.
handheld mobile communication device as shoWn, for
The handheld electronic device 300 can also comprise one

or more inputs/outputs, for example, a USB port, for among
example, in FIG. 2. The keyboard comprises a key?eld com

prising a plurality of depressible keys arranged in roWs that
other things, providing poWer to the device, charging a bat

tery, or transferring data to/from another electronic device.
The handheld electronic device has a Width D1, Which is
between 1 and 5 inches, and preferably betWeen 2 and 31/2
inches, and a height Which is preferably betWeen 2 and 5
are distributed about a vertical centerline (Vc) of the key

45
board. Each of the depressible keys constituting the roWs in

the key?eld (but not necessarily all of the keys in total) has a
top engagement surface 31 of Which an upper inboard portion
43 is raised relative a loWer outboard portion 45 thereof.
As best illustrated in FIG. 4a, in one embodiment, each of
inches (See FIG. 9).

As may be appreciated from FIG. 1, electronic display 322
the depressible keys has a top engagement surface 31 of
is generally disposed above the ramped-key keyboard 332
Which an upper inboard portion 43 is raised relative a loWer
and is suitable for accommodating textual input to the hand

held electronic device 300 When in an operable con?guration.
Preferably, the electronic display 322 and keyboard 332 are
outboard portion 45 thereof. The top engagement surface 31

of each of the depressible keys is ramped from the loWer
outboard portion 45 toWard the upper inboard portion 43.
Each top engagement surface 31 is generally crest shaped 41,
With the apex of the crest running generally diagonally across
the respective key With the rest of the top engagement surface
disposed on the front side 14 of the handheld electronic

device 300. As shoWn, the device 300 is of unibody construc
tion, but it is also contemplated that the device may be of an
55
alternative construction such as that commonly knoWn as
31 falling aWay from the crest toWard the upper outboard
clamshell, ?ip-phone, sliding, or rotating style. The
portion and the loWer inboard portion of the key, forming a
navigation cursor control assembly 328 and keyboard 332 are
diagonally oriented crest 41 . Although the apex of the crest 41
each generally located beloW the electronic display 322.

Referring noW to FIGS. 2-5, Which illustrate the ramped
key keyboard 332 in more detail, the keyboard 332 is gener
ally rectangular in appearance and spans a substantial entirety
is illustrated as straight in FIG. 4a, other embodiments in
of the Width D 1 of the device 300. Ramped-key keyboard 332
is bounded by top 36, bottom 38, left 40 and right 42 keyboard

sides. Left 40 and right keyboard 42 sides are generally par
Which the diagonally oriented crest is rounded or curved are
Within the scope of this disclosure.
As may also be appreciated in FIG. 4a, the top engagement

65
surface 31 of each of the depressible keys terminates at an
upper edge thereof in a diagonally running ridge 37 from

Which the balance of the respective top engagement surface
US 8,l62,552 B2
5
31 slopes. Further in this example, each of the depressible
generally naturally diagonally oriented With respect to the

housing and/ or naturally diagonally oriented With respect to
keys has an upper side surface 47 that slopes downward from

the elevated ridge at a grade greater than any grade of the top
engagement surface 31.
the vertical center VC. The longitudinal axis of the users
right thumb is shoWn.
FIG. 3 aptly illustrates the key?eld comprising a right-hand

key?eld 34 composed of a plurality of depressible keys
As shoWn in at least FIGS. 3-5, a void 39 is formed near the
top roW of the keyboard proximate the nexus of the left-hand
located on a right-hand side of the vertical centerline of the
key?eld 32 and right-hand key?eld 34. This void 39 is useful
device and a left-hand key?eld composed of a plurality of
because it provides a natural location for accommodating a

navigation controller assembly 328 (also knoWn as an auxil
iary I/O device), Which can be useful for navigating a cursor
on the electronic display 322, or for other purposes. The
keys located on a left-hand side of the vertical centerline of
the device. Each key of the plurality of keys located on the

left-hand side of the vertical centerline has a top engagement
surface that is loWer-left-to -upper-right inclined and each key
of the plurality of keys located on the right-hand side of the
vertical centerline has a top engagement surface that is loWer
navigation controller assembly 328 can comprise several

forms that include, but are not limited to: cursor keys, track
ball, navigation Wheel, joystick, touchpad, or barrel roller,
right-to-upper-left inclined.
among other types of auxiliary input devices. The location of

the auxiliary I/O device 328 betWeen the display 322 of the
handheld communication device 300 and the ramped-key
As is typi?ed in FIGS. 1-2 and 8-11, the present disclosure

is also directed toWard a Wireless handheld mobile commu
nication device comprising a housing With a display located

in a top portion 5 thereof for displaying information and a
keyboard located in a loWer portion 6 thereof beloW the dis
keyboard 332 provides the user With a familiar location for the
navigation controller assembly 328. The void 39 provided by

20
play. In this regard, the keyboard is uniquely con?gured as

described herein.
As depicted, the Wireless handheld mobile communication
device also includes an input device exempli?ed as a trackball
that controls cursor movement on the display via the device s
the nexus of the left-hand key?eld 32 and the right-hand

key?eld 34 alloWs freedom of movement aWay from other
keys on the keyboard. The siZe and shape of this void area 39
can vary depending on, among other things, the Width D l and
25
included microprocessor.
The keys comprising the key?elds can be of several shapes
height D2 of the handheld electronic device, the disposition of

the top 36, bottom 38, left 40 and right 42 sides of the key
board 328 (linear versus arcuate), key length, key Width and
the like.
that include, but are not limited to: substantially trapezoidal
The left and right-hand key?elds 32, 34 can be con?gured
and substantially parallelogram shaped (rectangular and non

rectangular) and possibly comprising arced side members to
such that the ramped-key keys 30 are bound by one or more

30
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
36 and bottom side 38 of the keyboard comprise one or more
35
40
key?eld 32 can be: A, S, D, F, and G. Still further,

an even loWer roW of keys can comprise the keys ALT, Z,
X, C, and V. While these roWs are described in relation
to a standard QWERTY key arrangement, other types of
45
arrangements including, but not limited to, QWERTZ,

AZERTY, or Dvorak are considered to be Within the scope of
this disclosure. LikeWise, an upper roW in the right-hand
50
be composed of the keys With indicia corresponding to letters

H, J, K, L, and symbol <. As mentioned above,
these comprise embodiments of a standard QWERTY array,
and other knoWn arrays can be used instead and remain Within
the scope of this disclosure.
The indicia on the keys are provided so that the indicia
function keys; e.g., CALL SEND, CALL END, ALT, SPA

CEBAR, RETURN, BACKSPACE, SYMBOL, or SHIFT
keys and the like. In some embodiments, the function keys
can be integrated With the keys of the left and right-hand
key?elds. Alternatively, the function keys can be located
above or beloW the left and right-hand key?elds and can be
arranged to form a generally horiZontal line. In other embodi
ments, the function keys can comprise arced sides or can be
aligned substantially along arcs to thereby form convex or
concave top sides 36 and bottom sides 38. The arcs forming
the top and bottom sides can be identical, or different from
one another and different arrangements of the function keys
are described in relation to several ?gures.
As shoWn in FIG. 11, the handheld electronic device is
capable of various forms of communication and the arrange
ment of keyboard 332 encourages e?icient and ergonomic
key?eld 34 can comprise keys With indicia corresponding to

letters Y, U, I, O, and P. Further, a loWer roW can
input keys 26 to form the top side 36 and bottom side 38 of the
keyboard. Preferably, the input keys 26 forming the top side
correspond With an arced side of the keyboard. Also the

lengths and Widths of the various keys can vary depending on
a number of factors, e.g., Width and height of the device,
typing. This arrangement enables users to send text mes

sages that can take many forms including electronic mail
messages. In a preferred embodiment, the handheld elec
tronic device is equipped to communicate With a Wireless
system to alloW a user to place telephone calls. In addition to
comprising a plurality of keys corresponding to letters of the

55
generally appear uprightly oriented along an imaginary hori
alphabet, the keyboard 332 can also be con?gured to com

prise a standard telephone keypad layout as an overlay of
indicia on some of the keys in the left-hand key?eld, or
Zontal line that extends across a roW of keys; the indicia can
right-hand key?eld. Such con?guration alloWs for ef?cient
also appear along an arced imaginary line, if desired. The
use of both text and voice communication modes.
indicia can comprise alphabetic indicia as Well as numeric
60
arranged using various conventions. The most common of
With a familiar and easy to folloW keyboard arrangement. The

above described alphabetic indicia can be arranged in one of
QWERTY, QWERTZ, AZERTY, and Dvorak layouts.

As illustrated in FIG. 3, When the keyboard is held in the
palm(s) of a users hand(s), the thumb(s) of the user are
The various characters, commands and functions associ
ated With keyboard typing, in general, are traditionally
indicia and/or other functions and symbols. The layout of the

alphabetic indicia is generally provided to present the user
these in the United States, for instance, is the QWERTY

65
keyboard layout. Others include the QWERTZ, AZERTY,

and Dvorak keyboard con?gurations.
The QWERTY keyboard layout is the standard English
language alphabetic key arrangement 44. In this con?gura
US 8,162,552 B2
7
tion, Q, W, E, R, T and Y are the letters on the top left,

alphabetic roW. It Was designed by Christopher Sholes, Who
user may also hold the device 300 in such a manner to enable
tWo thumbs to type on the device 300. Furthermore, the user
invented the typewriter. The keyboard layout Was organized

by him to prevent people from typing too fast and jamming
the keys. The QWERTY layout Was included in the draWing
for Sholes patent application in 1878.
The QWERTZ keyboard layout is normally used in Ger
may use ?ngers rather than thumbs to actuate the keys on the
device 300. In order to accommodate palm-cradling of the
man-speaking regions. In this con?guration, Q, W, E, R, T

and Z are the letters on the top left, alphabetic roW. It differs
inches, but by no means limited to such dimensions.

The handheld electronic device 300 includes an input por
from the QWERTY keyboard layout by exchanging the Y
tion and an output display portion. The output display portion
device 300 by the average person, the length, or height, of the
device, D2, is generally greater than the Width D1, and the
Width is preferably betWeen approximately tWo and three
With a Z. This is because Z is a much more common letter
can be a display screen 322, such as an LCD or other similar
than Y in German and the letters T and Z often appear

next to each other in the German language.
display device.
The AZERTY keyboard layout is normally used in French

speaking regions. In this con?guration, A, Z, E, R, T andY are
keys have one or more indicia displayed at their top surface
the letters on the top left, alphabetic roW. It is similar to the
the particular indicia representing the character(s),
Among the physical keys, all or a portion of the plurality of

and/or on the surface of the area adjacent the respective key,
QWERTY layout, except that the letters Q and A are

sWapped, the letters Z and W are sWapped, and the letter M is
command(s) and/ or function(s) typically associated With that

key. In the instance Where the indicia of a keys function is
provided adjacent the key, it is understood that this may be a
in the middle roW instead of the bottom one.
Alphabetic key arrangements in full keyboards and type
20
Writers are often presented along With numeric key arrange

ments. An exemplary numeric key arrangement is shoWn
cover beside the key, or in the instance of keys located adja

cent the display screen, a current indicia for the key may be
temporarily shoWn nearby the key on the screen.
An exemplary handheld electronic device 300 is shoWn in
Wherein the numbers 1-9 and 0 are positioned above the
alphabetic keys. In another numeric key arrangement, num

bers share keys With the alphabetic characters, such as for
example, the top roW of the QWERTY keyboard. A numeric
25
phone key arrangement 45 is shoWn in the ?gures.

It is desirable for handheld electronic devices 300 to
include a combined text-entry keyboard and a telephony key

board. Examples of such mobile communication devices
include mobile stations, cellular telephones, Wireless per
30
sonal digital assistants (PDAs), tWo-Way paging devices, and

others.Various keyboards are used With such devices depend
ing in part on the physical siZe of the handheld electronic
device. Some of these are termed full keyboard, reduced
permanent insignia that is, for instance, printed on the device
35
the assembly draWing of FIG. 10 and its cooperation in a

Wireless netWork is exempli?ed in the block diagram of FIG.
11. These ?gures are exemplary only, and those persons
skilled in the art Will appreciate the additional elements and
modi?cations necessary to make the device Work in particular
netWork environments.
Integration of the trackball assembly into handheld device
300 can be seen in the exploded vieW of FIG. 10 showing
some of the typical components found in the assembly of the
handheld electronic device 300. The construction of the
device bene?ts from various manufacturing simpli?cations.
keyboard, and phone key pads.
The internal components are predominantly constructed on a
In embodiments of the handheld electronic device 300

having a full keyboard, only one alphabetic character is asso
ciated With each one of a plurality of physical keys. Thus, With
an English-language keyboard, there are at least 26 keys in the
board 332 in one of the presently described embodiments is

constructed from a single piece of material, and in some
embodiments is made from plastic. While in another embodi
single PCB (printed circuit board, not illustrated). The key

40
plurality, one for each letter of the English alphabet. In such

embodiments using the English-language alphabet, one of the
ment, the keyboard 332 can be constructed from a ?lm on
plastic technology alloWing the plastic keyboard to be labeled
keyboard layouts described above is usually employed, and

With the QWERTY keyboard layout being the most common.
Other embodiments can comprise a full keyboard for
alphabetic characters and incorporate a combined numeric
45
keyboard. In this embodiment, numeric characters share keys

With alphabetic characters on the top roW of the QWERTY
keyboard. In the illustrated embodiment, the numeric charac

ters share keys With alphabetic characters on the left side of
50
With the desired alphanumeric arrangements as described

herein. In at least one embodiment, the keyboard 332 is ?ex
ible alloWing each individual key to move substantially inde
pendent from the other keys on the keyboard 332.
In one of the presently described embodiments, the key
board 332 is assembled as part of a user input subassembly.
The user input subassembly at least includes a lightguide
panel 138 constructed of light diffusing material. The user
the keyboard.
subassembly optionally includes a navigational tool (exem
Examples of handheld electronic devices having a full

keyboard assembly are also described in Us. Pat. Nos. 6,278,
442 and 6,891,529, the disclosures of Which are incorporated
herein by reference in their entireties.
Further aspects of the environments, devices and methods
of employment described hereinabove are expanded upon in
the folloWing details. An exemplary embodiment of the hand
plary a trackball navigational tool 325) and a dome sheet 139.

The keyboard 332 can be attached to a front surface of the
55
receiving input from the keyboard 332 through the lightguide
held electronic device 300 as shoWn is cradleable in one or
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
of the device 300, Which keyboard is actuable by the thumb of

the hand cradling the device 300. As intimated in FIG. 3, the
lightguide panel 138. Additionally a dome sheet 139 can be

mounted on the back surface of the lightguide panel 138 for
60
65
panel 138. The dome sheet 139 is in communication With the

PCB (not shoWn) alloWing for communication of a user
selected key on the keyboard 332. The dome sheet 139 in at
least one embodiment provides for sWitches that relay infor
mation to the PCB, and While in the presently described
exemplary embodiment one sWitch is provided for every key
on the keyboard 332, in other embodiments more than one
sWitch or less than one sWitch per key are provided.
In at least one embodiment, the PCB is equipped With at
least one concentrate light source that emits light to the back
surface of the lightguide panel 138. The portion of the back
US 8,162,552 B2
9
10
surface of the lightguide panel 138 that receives the concen

trate light can aptly be described as a light-entrance surface
are of the back surface of the lightguide panel 138. Further
more, When the user input subassembly is constructed using a
dome sheet 139, apertures can be provided in the dome sheet
of Which de?nes the periphery of the trackball navigation tool

325. The ring 23 ensures that the trackball navigation tool 325
is properly held in place against the light guide 138.

A serial port (preferably a Universal Serial Bus port) 330
and an earphone jack 140 are ?xedly attached to the PCB and
further held in place by left side element 106. Buttons 131
133 may be attached to sWitches (not shoWn) Which are con
nected to the PCB 12.
138 to alloW the at least one concentrate light source to be
transmitted to the lightguide panel 138. The lightguide panel

138 is constructed to diffuse the light from the at least one
concentrate light source to diffuse and be emitted through at
Final assembly involves placing a bottom piece 108 in
least a portion of the front surface of the lightguide panel. The
contact With front housing cover 101 and back support frame
light source in at least one embodiment is a light emitting
109. Furthermore, the assembly interconnects right side ele
diode (LED). When the PCB is provided With a plurality of
ment 105 and left side element 106 With the front housing
concentrate light sources, these light sources can be a plural
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
bly further comprises a lock ring 23 that at least partially

surrounds the trackball navigational tool 325. The lock ring
23 like the trackball navigation tool can include a securement
feature such as a barbed insert or a ramped insert that is
capable of being snap-engaged or press-?t into the corre
frame 109.
20
The block diagram of FIG. 11, represents an embodiment

of handheld electronic device 300 interacting in a communi
cations netWork 319, and illustrates the use of a microproces
sor 338 to control operation of the device 300. In FIG. 11,
25
transmission and reception With Wireless netWork 319. The

microprocessor 338 further connects With an auxiliary input/
output (I/O) subsystem 328, a serial port (preferably a Uni
versal Serial Bus port) 330, a display 322, a keyboard 332, a
speaker 334, a microphone 336, random access memory
(RAM) 326, and ?ash memory 324. Other communications
subsystems 340 and other device subsystems 342 are gener
ally indicated as connected to the microprocessor 338 as Well.
An example of a communication subsystem 340 is that of a
short range communication subsystem such as BLUE
sponding securement feature formed at the surface of the
lightguide panel 138. These interfaces on the lock ring 23

likeWise establish a releaseable interference connection and a
communication subsystem 311 performs all communication
releasable friction connection, respectively, betWeen the
trackball navigational tool assembly and the lightguide panel

138.
The user input subassembly is mountable Within the hand

held electronic device to the back support frame 109. The user
input subassembly can be assembled using one or more of the
above described components such that a user interface such as
a keyboard and/or navigational tool are provided to the user of
the handheld device 300 on the front face thereof.
30
The user input subassembly alloWs for various keypads

such as keyboard 332 to be placed in communication With the
lightguide panel 138. This alloWs the user or manufacturer to
35
TOOTHTM communication module or an infrared device and
exchange the keyboard 332 according to the desired alpha

betic arrangement of the particular region the handheld
device 300 is shipped. LikeWise, the user input subassembly
associated circuits and components. Additionally, the micro

processor 338 is capable of performing operating system 408
can be integrated into varying support frames such as the one

described herein or others in Which proper connection and
on the communication device 300.
functions and can enable execution of softWare applications

40
support is provided for the lightguide panel 138. These fea

tures alloW for a single user input subassembly to be replaced
as necessary as Well.
A front housing cover 101 is mounted over the keyboard

332 and lightguide 138. The front housing cover 101 is con
structed to alloW the keyboard 332 to be accessible through at
least one apperature (not shoWn) or a plurality of apertures
corresponding to one or more keys and/or navigational tool
depending on the con?guration of the keyboard 332 and

navigational tool such as the trackball navigational tool 325.
The front housing cover 101 also provides an attachment
point for the lens 103. A lens 103 covers the display, Which is
typically mounted on the PCB, to prevent damage. When
assembled, the front housing cover 101 and the PCB are
?xedly attached to each other and the display is positioned

betWeen the PCB and the front housing cover 101.
The trackball navigation tool 325 can be frictionally
engaged With the front housing cover 101, and in one exem
plary embodiment the trackball navigation tool 325 is remov
able When the device is assembled. This alloWs for replace
ment of the trackball navigation tool 325 if/When it becomes
damaged or the user desires replacement With a different type
of trackball navigation tool 325. Other multidirectional navi
45
The removal of the trackball navigation tool 325 is enabled

through the use of an outer removable ring 23, the outer edge
mentioned, the cursor navigation assembly (also knoWn as a

navigation tool) 328 is an ergonomic cursor navigation con
troller. Other auxiliary I/ O devices can include external dis
play devices and externally connected keyboards (not

shoWn). While the above examples have been provided in
relation to the auxiliary I/ O subsystem, other subsystems
capable of providing input or receiving output from the hand
50
55
held electronic device 300 are considered Within the scope of

this disclosure.
In a preferred embodiment, the handheld electronic device
300 is designed to Wirelessly connect With a communication
netWork 319. Some communication netWorks that the hand
held electronic device 300 may be designed to operate on
require a subscriber identity module (SIM) or removable user
identity module (RUIM). Thus, a device 300 intended to
operate on such a system Will include SIM/RUIM interface
344 into Which the SIM/RUIM card (not shoWn) may be

60
placed. The SIM/RUIM interface 344 can be one in Which the
SIM/RUIM card is inserted and ejected.

In an exemplary embodiment, a ?ash memory 324 is
gation tools such as joysticks, four-Way cursors, or touch pads

are also considered to be Within the scope of this disclosure.
The above described auxiliary I/O subsystem 328 can take

a variety of different subsystems including the above
described cursor navigation assembly 328. As previously
65
enabled to provide a storage location for the operating sys

tem, device programs, and data. While the operating system
in a preferred embodiment is stored in ?ash memory 324, the
operating system in other embodiments is stored in read-only

memory (ROM) or similar storage element (not shoWn). As
US 8,162,552 B2
11
12
those skilled in the art Will appreciate, the operating system,
art. The SIM/RUIM card features memory and holds key

con?gurations 351, and other information 353 such as iden
ti?cation and subscriber related information. Furthermore, a
device application or parts thereof may be loaded in RAM

326 or other volatile memory.
SIM/RUIM card can be enabled to store information about
In a preferred embodiment, the ?ash memory 324 contains

programs/applications 358 for execution on the device 300
including an address book 352, a personal information man
the user including identi?cation, carrier and address book

information. With a properly enabled handheld electronic
communications device 300, tWo-Way communication
betWeen the handheld electronic device 300 and communica
tion netWork 319 is possible.
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.
If the handheld electronic device 300 is enabled as

described above or the communication netWork 319 does not
require such enablement, the tWo-Way communication

enabled device 300 is able to both transmit and receive infor
mation from the communication netWork 3 19. The transfer of
communication can be from the device 300 or to the device
300. In order to communicate With the communication net
In a preferred embodiment, the device 300 is pre-loaded

With a limited set of programs that enable it to operate on the
communication netWork 319. Another program that can be
Work 319, the device 300 in a preferred embodiment is
preloaded is a PIM 354 application that has the ability to

organiZe and manage data items including but not limited to
email, calendar events, voice messages, appointments and
task items. In order to operate e?iciently, memory 324 is
allocated for use by the PIM 354 for the storage of associated
data. In a preferred embodiment, the information that PIM
mitting signals to the communication netWork 319. LikeWise

the communication device 300 in the preferred embodiment
is equipped With another antenna 316 for receiving commu
354 manages is seamlessly integrated, synchronized and
equipped With an integral or internal antenna 318 for trans

20
25
updated through the communication network 319 With a

users corresponding information on a remote computer (not
shoWn). The synchronization, in another embodiment, can
also be performed through the serial port 330 or other short
range communication subsystem 340. Other applications
When equipped for tWo -Way communication, the handheld
30
may be installed through connection With the Wireless net

Work 319, serial port 330 or via other short range communi
electronic device 300 features a communication subsystem

311. As is Well knoWn in the art, this communication sub
system 311 is modi?ed so that it can support the operational
needs of the device 300. The subsystem 311 includes a trans
mitter 314 and receiver 312 including the associated antenna
cation subsystems 340.

When the device 300 is enabled for tWo-Way communica
tion Within the Wireless communication netWork 319, it can
nication from the communication netWork 319. These anten

nae 316, 318 in another preferred embodiment are combined
into a single antenna (not shoWn). As one skilled in the art
Would appreciate, the antenna or antennae 31 6, 3 18 in another
embodiment are externally mounted on the device 300.
or antennae 316, 318 as described above, local oscillators
send and receive signals from a mobile communication ser
(LOs) 313, and a processing module 320 Which in a preferred

embodiment is a digital signal processor (DSP) 320.
A signal received by the handheld electronic device 300 is
vice. Examples of communication systems enabled for tWo
?rst received by the antenna 31 6 and then input into a receiver
Way communication include, but are not limited to, the

MOBITEX mobile communication system, DATATAC
312, Which in a preferred embodiment is capable of perform

ing common receiver functions including signal ampli?ca
mobile communication system, the GPRS (General Packet

Radio Service) netWork, the UMTS (Universal Mobile Tele
35
40
and the like, and analog to digital (A/D) conversion. The A/D
conversion alloWs the DSP 320 to perform more complex
communication Service) netWork, the EDGE (Enhanced

Data for Global Evolution) netWork, and the CDMA (Code
Division Multiple Access) netWork.
For the systems listed above, the communication device
300 must be properly enabled to transmit and receive signals
from the communication netWork 319. Other systems may
not require such identifying information. MOBITEX and
DATATAC mobile communication systems feature a unique
identi?cation code that is associated With each handheld elec
tronic device 300. A GPRS, UMTS, and EDGE require the
use of a SIM (Subscriber Identity Module) in order to alloW
communication With the communication netWork 319. Like
Wise, most CDMA systems require the use of a RUIM (Re
movable Identity Module) in order to communicate With the
tion, frequency doWn conversion, ?ltering, channel selection

communication functions such as demodulation and decod
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
mand that the DSP 320 is capable of sending to the receiver
50
312 is gain control, Which is implemented in automatic gain

control algorithms implemented in the DSP 320. LikeWise,
the communication device 300 is capable of transmitting
signals to the communication netWork 319. The DSP 320
communicates the signals to be sent to the transmitter 314 and
further communicates control functions, such as the above
described gain control. The signal is emitted by the device

55
300 through an antenna 318 connected to the transmitter 314.
CDMA netWork. The RUIM and SIM card can be used in
It is contemplated that communication by the device 300
multiple different handheld electronic devices 300. Handheld
With the Wireless netWork 319 can be any type of communi

cation that both the Wireless netWork 319 and device 300 are
enabled to transmit, receive and process. In general, these can
be classi?ed as voice and data. Voice communication is com
munication in Which signals for audible sounds are transmit
electronic device 300 can be con?gured to operate some

features Without a SIM/RUIM card, but it may not be able to
communicate With the netWork 319. In some locations, the
handheld electronic device 300 can be enabled to Work With
special services, such as 911 emergency, Without a SIM/
RUIM or With a non-functioning SIM/RUIM card. A SIM/
RUIM interface 344 located Within the device alloWs for
removal or insertion of a SIM/RUIM card (not shoWn). This
interface 344 can be con?gured like that of a disk drive or a
PCMCIA slot or other knoWn attachment mechanism in the
60
ted by the device 300 through the communication netWork

319. Data is all other types of communication that the device
300 is capable of performing Within the constraints of the
65
Wireless netWork 319.

In the instance of voice communications, voice transmis
sions that originate from the communication device 300 enter
US 8,162,552 B2
13
14
the device 300 though a microphone 336. The microphone

336 communicates the signals to the microprocessor 338 for
munication port 340, or other Wireless communication ports

340. The user of the device 300 can generate a message to be
further conditioning and processing. The microprocessor 338
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
associated application to generate the email message. Once

the email message is generated, the user may execute a send
command Which directs the email message from the commu
nication device 300 to the communication netWork 319. In an
exemplary embodiment, a keyboard 332, and preferably an
full duplex voice transmission.
alphanumeric keyboard is used to compose the email mes

sage. In a preferred embodiment, an auxiliary I/ O device 328
is used in addition to the keyboard 332.
While the above has been described in relation to email
messages, one skilled in the art can modify the procedures to
function With other types of data such as SMS text messages,
internet Websites, videos, instant messages, programs and
In another embodiment, the voice transmission may be

received by the communication device 300 and translated as
ringtones. Once the data is received by the microprocessor

338, the data is placed appropriately Within the operating
text to be shoWn on the display screen 322 of the communi
system of the device 300. This might involve presenting a

message on the display 322 Which indicates the data has been
received or storing it in the appropriate memory 324 on the
device 300. For example, a doWnloaded application such as a
game Will be placed into a suitable place in the ?ash memory
324 of the device 300. The operating system of the device 300
Will also alloW for appropriate access to the neW application
the microprocessor 338. Then, the microprocessor 338 pro

vides a signal to the speaker 334 of the device 300 and the user
can hear the voice communication that has been received. The
device 300 in a preferred embodiment is enabled to alloW for
cation device 300. The communication device 300 is also

capable of retrieving messages from a voice messaging ser
20
vice operated by the communication netWork operator. In a
preferred embodiment, the device 300 displays information

in relation to the voice message, such as the number of voice
messages or an indication that a neW voice message is present
on the operating system.

In a preferred embodiment, the display 322 of the commu
nication device 300 provides an indication about the identity
of an incoming call, duration of the voice communication,
25 as doWnloaded.
Exemplary embodiments have been described hereinabove

regarding handheld electronic devices 300 and Wireless hand
held communication devices 300 as Well as the communica
telephone number of the communication device, call history,

and other related information. It should be appreciated that
the above described embodiments are given as examples only
and one skilled in the art may effect alterations, modi?cations
and variations to the particular embodiments Without depart
30
the enablement of a ramped-key keyboard for a handheld

electronic device.
ing from the scope of the application.

As stated above, the communication device 300 and com
munication netWork 319 can be enabled to transmit, receive
and process data. Several different types of data exist and
some of these types of data Will be described in further detail.
35
a key?eld comprising a plurality of depressible keys

arranged in roWs that are distributed about a vertical
40
loWer outboard portion thereof, Wherein the top engage
include other types of data such as picture ?les, attachments

and html. While these are given as examples, other types of
ment surface of at least some of the depressible keys has

a generally inclined crest shape With a top of the crest
messages are considered Within the scope of this disclosure as
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
further processed by the DSP 320, and it then reaches the

microprocessor 338. The microprocessor 338 executes
50
diagonally oriented on the key.

2. The keyboard as recited in claim 1, Wherein the top
engagement surface of each of the depressible keys is gener
ally upWardly convex about the diagonally running crest on
the key.
engagement surface of each of the depressible keys falls

doWnWardly aWay from the top of the diagonally oriented
instructions as indicated from the relevant programming

instructions to display, store or process the email message as
directed by the program. In a similar manner, once an email
338 for transmission to the communication netWork 319, it is

?rst sent to the DSP 320, Which further transmits the email
message to the transmitter 314. The transmitter 314 processes
the email message and transmits it to the transmission
antenna 318, Which broadcasts a signal to be received by a
communication netWork 319. While the above has been
centerline of the keyboard; and

each of the depressible keys has a top engagement surface
of Which an upper inboard portion is raised relative to a
messages. Typically an email is text based, but can also
message has been properly processed by the microprocessor
What is claimed is:

1. A keyboard for a Wireless handheld mobile communica
tion device, the keyboard comprising:
One type of data communication that occurs over the com
munication netWork 319 includes electronic mail (email)
tion netWorks Within Which they cooperate. It should be

appreciated, hoWever, that a focus of the present disclosure is
crest.
55
60
4. The keyboard as recited in claim 3, Wherein the inclined

crest forms a ramped surface from the loWer outboard portion
toWard the upper inboard portion.
5. The keyboard as recited in claim 4, Wherein a grade of
the inclined crest on each of the depressible keys is substan
tially uniform from the loWer outboard portion toWard the

upper inboard portion.
described generally, those skilled in this art Will appreciate
engagement surface of each of the depressible keys termi
those modi?cations Which are necessary to enable the com
nates at an upper edge thereof in an elevated ridge doWn from
munication device 300 to properly transmit the email mes

sage over a given communication netWork 319.
Furthermore, the email message may instead be transmit
ted from the device 300 via a serial port 330, another com
Which the balance of the respective top engagement surface

65
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
14. The Wireless handheld mobile communication device

as recited in claim 9, Wherein the top engagement surface of
each of the depressible keys terminates at an upper edge
thereof in an elevated ridge doWn from Which the balance of
further comprises:
the respective top engagement surface slopes.
a right-hand key?eld composed of a plurality of the

as recited in claim 14, Wherein each of the depressible keys
has an upper side surface that slopes doWnWard from the
elevated ridge at a grade greater than any grade of the top
engagement surface.
as recited in claim 9, Wherein the key?eld further comprises:
a right-hand key?eld composed of a plurality of depress
ible keys located on a right-hand side of the vertical
depressible keys that are located on a right-hand side of
the vertical centerline of the device, Wherein the top
engagement surface for each of the right-hand key?eld

depressible keys is inclined from loWer right to upper
left; and
a left-hand key?eld composed of a plurality of keys located
on a left-hand side of the vertical centerline of the
device, Wherein the top engagement surface for each of
the left-hand key?eld depressible keys is inclined from

loWer left to upper right.
9. A Wireless handheld mobile communication device
centerline of the device and a left-hand key?eld com

posed of a plurality of keys located on a left-hand side of
the vertical centerline of the device;
comprising:
each key of the plurality of keys located on the left-hand
a housing With a display located in a top portion thereof for

displaying information and a keyboard located in a
loWer portion thereof beloW the display and Wherein the

keyboard comprises a key?eld comprising a plurality of
depressible keys arranged in roWs that are distributed
side of the vertical centerline has a top engagement

20
side of the vertical centerline has a top engagement
surface that is loWer-right-to-upper-left inclined.
about a vertical centerline of the keyboard and each of
the depressible keys has a top engagement surface of

Which an upper inboard portion is raised relative a loWer
surface that is loWer-left-to-upper-right inclined; and

each key of the plurality of keys located on the right-hand
25

as recited in claim 9, further comprising an input device that
outboard portion thereof, Wherein the top engagement
controls cursor movement on the display.
surface of at least some of the depressible keys has a

generally inclined crest shape With a top of the crest

as recited in claim 17, Wherein the input device is a trackball.
as recited in claim 9, further comprising a communications
diagonally oriented on the key.

30
subsystem that is disposed Within the housing and that is
each of the depressible keys is generally upwardly convex

about a diagonally running ridge on the key.
35
each of the depressible keys falls doWnWardly aWay from the

top of the diagonally oriented crest.
device located substantially betWeen the display and the key
as recited in claim 11, Wherein the inclined crest forms a
ramped surface from the loWer outboard portion toWard the

upper inboard portion.
as recited in claim 12, Wherein a grade of the inclined crest on
each of the depressible keys is substantially uniform from the

loWer outboard portion toWard the upper inboard portion.
con?gured to carry out Wireless voice communication and

Wireless data communication.
as recited in claim 9, Wherein the plurality of keys have letter
indicia arranged in a QWERTY format associated thereWith.
as recited in claim 9, further comprising an auxiliary input
40
board.
as recited in claim 21, Wherein the auxiliary input device is a
trackball arrangement.
*
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Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page1 of 23

1 QUINN EMANUEL URQUHART & SULLIVAN LLP

Kevin P.B. Johnson (Bar No. 177129)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CASE NO. 3:14-cv-23

19 Typo Products LLC, a Nevada Limited

DEMAND FOR JURY TRIAL

COMPLAINT AND DEMAND FOR JURY TRIAL

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page2 of 23

Plaintiff BlackBerry Limited (BlackBerry) complains against Typo Products LLC

BlackBerry revolutionized the mobile communications industry. Its innovative,

BlackBerry was founded in 1984 in Waterloo, Ontario by two engineering students,

11 offer a portfolio of award-winning products, services, and embedded technologies to tens of

BlackBerrys innovations in keyboard design have given rise to broad intellectual

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page3 of 23

2 obtain recompense for the harm that BlackBerry has suffered.

BlackBerry Limited is a Canadian company with its principal place of business at

On information and belief, Typo Products LLC is a Nevada limited liability

JURISDICTION AND VENUE

12 U.S.C. 1331, 1338(a), 1338(b) and 1367.

Venue is proper in this District under the provisions of 28 U.S.C. 1391(b)(2),

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page4 of 23

3 Local Rule 3-2(c), the action is to be assigned on a district-wide basis.

FACTS COMMON TO ALL CLAIMS

BlackBerrys Innovation and Industry Recognition

BlackBerry is a global leader in the mobile communications industry. Through its

In the late 1990s, BlackBerry began to release a series of game-changing handheld

Since those first smartphones, BlackBerry has continued to offer handheld

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page5 of 23

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page6 of 23

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page7 of 23

Each successive iteration of BlackBerrys wireless devices has received industry

As a result of its innovative and distinctive keyboard designs, BlackBerrys

BlackBerrys smartphones with physical keyboards have been advertised

BlackBerrys smartphones with physical keyboards have also received significant

BlackBerrys handheld devices and their keyboards have garnered widespread

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page8 of 23

BlackBerrys Utility Patents

BlackBerrys Design Patent

BlackBerry Keyboard Trade Dress

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page9 of 23

The following non-functional elements of the design of BlackBerrys keyboard

a keyboard with an overall symmetrical design around the vertical

several horizontal bars in contrasting color and finish set above

a bottom row of roughly rectangular shaped keys having curved bottoms

keys having distinct lettering or graphical icons printed on the surface.

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page10 of 23

Typos Infringing Products

The Typo Keyboard That Turns An iPhone Into A BlackBerry;

-10COMPLAINT AND DEMAND FOR JURY TRIAL

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page11 of 23

Typo Keyboard Brings Physical BlackBerry Keyboard to iPhone;

Indeed, Typo has acknowledged its copying of BlackBerrys iconic keyboard. On

So its the best thing about a BlackBerry, within the iPhone.

Thats kind of how this came to fruition.

24 available for pre-order on its website at the following page:

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page12 of 23

1 as set to begin in January 2014.

Infringement of BlackBerrys Design Patent

Case3:14-cv-00023-WHO Document1 Filed01/03/14 Page13 of 23

Typos Keyboard product embodies a combination of several elements of the

a keyboard with an overall symmetrical design around the vertical