Microsoft has filed a lawsuit against Kyocera for alleged patent infringement, claiming that the Japanese smartphone manufacturer's Brigadier, Hydro and DuraForce devices are violating seven patents held by Microsoft.
Included in the lawsuit is a request by Microsoft to a federal judge in Seattle to impose an injunction against the Kyocera smartphones that are affected by the field lawsuit from being sold in the United States.
In addition to a trial by jury, Microsoft is also seeking for damages against Kyocera's violations.
"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 David Howard, deputy general counsel for Microsoft, in a statement.
While Kyocera's smartphones are powered by Google's Android mobile operating system, the alleged infringements are for Kyocera using technology patented by Microsoft that includes power management technology for increased battery life, text messaging technology, "self-aware" smartphones that are capable of responding to changes in the surroundings of the user and multitasking capabilities.
Microsoft has previously claimed that the Android operating system infringed some of the patents held by the company. As such, Microsoft has offered a licensing program to companies manufacturing mobile devices that also use Google's mobile operating system. Examples of companies that have signed up for the licensing program with Microsoft include Samsung, LG, ZTE, HTC and Hon Hai.
In the complaint, Microsoft said it is filing the lawsuit to "vindicate its rights and to protect its substantial investment in research and development."
Microsoft and Samsung have only recently settled a dispute regarding the payment of Android patent royalties, which stemmed from Microsoft's filing of a lawsuit against Samsung in August of last year due to Samsung's alleged breach of a collaboration agreement between the two companies.
Microsoft and Samsung reached a seven-year patent agreement in 2011 that called for Samsung to pay royalties for every device it sells that used technology patented by Microsoft.
The agreement was signed before Samsung's rise as one of the top companies in the smartphone industry. Samsung, which was looking to escape from paying the hefty royalties, thought that Microsoft's acquisition of the mobile phone division by Nokia invalidated the agreement with Microsoft.
Terms of the settlement between Samsung and Microsoft were not disclosed.
The Kyocera devices are available in the United States through wireless operators such as AT&T and Verizon. The smartphones are also available for retail purchase at Best Buy and Walmart.
