BlackBerry Limited v. Typo Products LLC

Filing 54

Order regarding amount of bond, PRELIMINARY INJUNCTION. Signed by Judge Willaim H. Orrick on April 11, 2014. (wholc1, COURT STAFF) (Filed on 4/11/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 BLACKBERRY LIMITED, Case No. 14-cv-00023-WHO Plaintiff, 9 v. 10 11 TYPO PRODUCTS LLC, United States District Court Northern District of California Defendant. ORDER SETTING BOND FOR ISSUANCE OF PRELIMINARY INJUNCTION Re: Dkt. No. 39 12 13 14 On March 28, 2014, I granted BlackBerry’s motion for a preliminary injunction barring 15 Typo from selling its Typo keyboard case. Dkt. No. 39. I ordered the parties to submit evidence 16 concerning the proper amount of bond. The injunction was stayed until BlackBerry posted the 17 bond in the amount ultimately determined by the Court. The parties have provided the required 18 submissions concerning the amount of bond. 19 The amount of bond requested by Typo is wildly inappropriate given the relatively limited 20 sales activity that Typo represented to the Court had occurred to date. Typo argued that the 21 preliminary injunction should not issue in part because “[i]t is unfeasible that a small start-up 22 company, running at an operating loss, who has approximately 4,000 units of a cell phone case 23 containing a physical keyboard could seriously pose any threat to BlackBerry's market share or 24 goodwill.” Dkt. No. 25 at 25. The astronomical bond requested by Typo is incompatible with that 25 argument. 26 BlackBerry argues that no bond is required because there is no reasonable likelihood of 27 harm from enjoining Typo’s conduct. In the alternative, BlackBerry argues that if a bond is 28 required, $500,000 is adequate. Having reviewed the parties’ submissions, I agree that $500,000 1 is more than adequate to compensate Typo in the event that it is later found to have been 2 improperly enjoined. CONCLUSION 3 4 BlackBerry is ordered to post bond in the amount of $500,000 as soon as practicable but in 5 no event later than Friday, April 18, 2014. The preliminary injunction shall take effect as soon as 6 BlackBerry post bonds and files notice of the same with the Court. 7 8 9 10 United States District Court Northern District of California 11 IT IS SO ORDERED. Dated: April 11, 2014 ______________________________________ WILLIAM H. ORRICK United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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