The suit is targeting Microsoft’s Windows Mobile 5.0 software,
which is currently being used by, among others, Palm.
“Microsoft has a long and well-documented history of acquiring
the technology of others, branding it as their own, and entering
new markets,” said Visto CEO, Brian Bogosian.
“In some cases, they buy that technology from its creator. In
other cases, they wrongfully misappropriate the intellectual
property that belongs to others, which has forced them to
acknowledge and settle large IP cases with companies like Sun,
AT&T and Burst.com,” he said. “For their foray into mobile
email and data access, Microsoft simply decided to misappropriate
Visto’s well known and documented patented technology.”
The suit relates to three patents covering a system that sends
email from personal or business servers to mobile devices, without
requiring a manual download, and allows users to access sensitive
data and email stored behind highly secure corporate firewalls.
Filed in the US District Court for the Eastern District of
Texas, the suit alleges that Microsoft’s Windows Mobile 5.0 is a
blatant infringement of Visto’s patented technology. The complaint
seeks a permanent injunction and damages.
Microsoft has made no comment on the suit, other than to stress,
“Microsoft stands behind its products and respects the intellectual
property rights of others”.
Visto also announced on Wednesday that it had signed a licensing
agreement with NTP Inc, a small holding company involved in a
bitter patent dispute with BlackBerry-maker Research in Motion.
Under the agreement, Visto will have access to NTP's patents for
the life of those patents, while NTP gains an equity stake in
Visto.
"This license agreement further reinforces the strength and
validity of NTP founder Thomas Campana's life-long work in the
mobile communications industry as an inventor and a visionary,"
said Donald E. Stout, co-founder of NTP, Inc. “Additionally, this
is a clear win for mobile email users everywhere as it provides
them with a viable alternative to RIM that protects them from any
NTP litigation risk.”
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