- BlackBerry patents resurface in lawsuit targeting modern printing technologies
- Brother faces intentional infringement claims over legacy mobile innovations
- Patent Firms Push for Damages and Radical Product Redesigns
Two patent companies have filed a lawsuit against Brother Industries dating back to BlackBerry’s old mobile patents.
The complaint from Malikie Innovations and Key Patent Innovations alleges that Brother printers and multifunction devices use secure wireless links, data encryption methods, and touch-screen interfaces originally developed for BlackBerry phones.
These four patents are now in Malikie’s portfolio after BlackBerry sold much of its ancillary intellectual property to Key Patent Innovations in 2023.
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Why this demand is important for the printing industry
The plaintiffs claim that Brother continued to use the patented technology despite prior knowledge and licensing opportunities, which has led to allegations of willful infringement, which could result in penalties greater than standard damages.
The lawsuit seeks monetary damages, enhanced penalties and a permanent injunction against Brother.
A permanent injunction could force the company to redesign its products or completely stop sales, which would not only hurt Brother, but could also set a precedent for other printer manufacturers.
Patent holders are increasingly targeting embedded software and connectivity features, putting the entire printer industry on alert.
BlackBerry was once a dominant force in the smartphone market, known for its secure wireless communications and physical keyboards.
The company’s patents have outlived its hardware business and have become valuable assets for the companies they license.
Irish companies Malikie Innovations and Key Patent Innovations have acquired these patents and are now enforcing them against Brother.
The lawsuit shows how the intellectual property of defunct or struggling technology companies can find new life in the hands of patent defense entities, which generate revenue by licensing patents or winning lawsuits, rather than by manufacturing the products themselves.
The case is still in its early stages and Brother has not yet filed a formal response. If the court finds that Brother is liable for willful infringement, the financial penalties could be substantial.
A permanent injunction would be even more damaging and could force Brother to stop sales of certain printer models.
Other printer manufacturers, including HP, Canon, and Epson, may be following this case closely.
They could face similar lawsuits if the same patents are asserted against their products.
The lawsuit raises questions about whether BlackBerry’s patents are truly innovative or simply broad enough to cover standard industry practices.
Companies that license patents often rely on the high cost of litigation to force settlements, regardless of the underlying merit of their claims.
Brother may choose to fight the case rather than settle, but legal battles of this scale can take years and cost millions of dollars.
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