Microsoft sues Kyocera for patent infringement
07 Mar 2015
Microsoft Corp yesterday filed a suit against Japanese electronics giant Kyocera Corp for patent infringement by its Duraforce, Hydro and Brigadier cell phone lines, violating seven Microsoft patents.
The lawsuit called on a Seattle federal judge to impose a US sales injunction against Kyocera's infringing products.
"We respect Kyocera but we believe they need to license the patented technology they are using. We're hopeful this case can be resolved amicably," said Microsoft deputy general counsel David Howard in a statement.
Kyocera's phones are powered by Google Inc's Android operating system. Recent years had seen Microsoft secure patent licensing deals with numerous Android handset manufacturers, including Samsung Electronics Co Ltd, LG Electronics Inc and HTC Corp.
Microsoft has accused Kyocera of using patented technology which included location services and text messaging, in the lawsuit.
The suit seeks financial damages and an injunction against Kyocera to prevent the company from selling devices that Microsoft alleged to infringe its patents.
Microsoft said in the complaint, ''Although research and development comes at great cost and risk, Microsoft was founded on innovation, and the company continues to choose the path of the innovator.
But others have a different approach, waiting for innovators like Microsoft to bear the expense of developing new technologies and then incorporating the most successful inventions into their own products – without permission and without paying for the privilege.''
The complaint cited seven Microsoft patents related to power-saving, battery life, accelerometers, location, motion sensing and other technologies.
The seven patents cited in the suit had not earlier been used in any of Microsoft's US patent cases.
According to commentators, it was the latest effort by Microsoft to collect royalties from makers of Android devices, on the basis of its claims that Google's operating system infringed its patents.
The company had existing licenses with smartphone makers including Samsung, LG and HTC. Microsoft had earlier said that its licensing agreements covered 80 per cent of Android smartphones sold in the US.
The company had filed two suits earlier, along these lines against Android device makers - one against Motorola that was still going on, and another against Barnes & Noble, which was settled as part of a broader partnership agreement and investment that had since been dissolved.
Samsung and Microsoft recently settled a dispute over their licensing agreement, and Samsung remained a Microsoft licensee.
The software giant had been estimated to make as much as $2 billion each year from licensing its patents to makers of Android devices - much more than the amount it made licensing its own Windows Phone operating system to device makers.
