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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BLACKBERRY LIMITED,

Case No. 14-cv-00023-WHO

Plaintiff,
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v.
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TYPO PRODUCTS LLC,

United States District Court
Northern District of California

Defendant.

ORDER SETTING BOND FOR
ISSUANCE OF PRELIMINARY
INJUNCTION
Re: Dkt. No. 39

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On March 28, 2014, I granted BlackBerry’s motion for a preliminary injunction barring

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Typo from selling its Typo keyboard case. Dkt. No. 39. I ordered the parties to submit evidence

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concerning the proper amount of bond. The injunction was stayed until BlackBerry posted the

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bond in the amount ultimately determined by the Court. The parties have provided the required

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submissions concerning the amount of bond.

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The amount of bond requested by Typo is wildly inappropriate given the relatively limited

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sales activity that Typo represented to the Court had occurred to date. Typo argued that the

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preliminary injunction should not issue in part because “[i]t is unfeasible that a small start-up

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company, running at an operating loss, who has approximately 4,000 units of a cell phone case

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containing a physical keyboard could seriously pose any threat to BlackBerry's market share or

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goodwill.” Dkt. No. 25 at 25. The astronomical bond requested by Typo is incompatible with that

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argument.

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BlackBerry argues that no bond is required because there is no reasonable likelihood of

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harm from enjoining Typo’s conduct. In the alternative, BlackBerry argues that if a bond is

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required, $500,000 is adequate. Having reviewed the parties’ submissions, I agree that $500,000

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is more than adequate to compensate Typo in the event that it is later found to have been

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improperly enjoined.
CONCLUSION

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BlackBerry is ordered to post bond in the amount of $500,000 as soon as practicable but in

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no event later than Friday, April 18, 2014. The preliminary injunction shall take effect as soon as

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BlackBerry post bonds and files notice of the same with the Court.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: April 11, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

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