SurfCast, in a complaint filed in a U.S. District Court in Maine, said Microsoft has breached one of its patents by “making, using, selling, and offering to sell devices and software products” covered under its patent. The complaint also involves mobile devices powered by the Windows Phone 7 and Windows Phone 8 operating systems as well as PCs using Windows 8/RT.
SurfCast also claims Microsoft is adding to its infringement by asking developers to make app tiles for its Windows Store.
The company has asked the court to declare Microsoft has both directly and indirectly infringed on its patent, and it wants Microsoft to “account for and pay to SurfCast all damages caused to SurfCast by reason of Microsoft’s patent infringement.” It is also asking Microsoft to pay interest on the damages as well as pick up SurfCast’s attorney fees and other related expenses.
Live Tiles are a new aspect of the redesigned Windows 8, the most extreme redesign of the operating system since 1995. In fact, according to The Associated Press, some analysts are billing Windows 8 as Microsoft’s most significant creation since Bill Gates won the contract to produce an operating system for IBM Corp.’s first personal computer in 1981.
Windows 8 is also a bid by Microsoft to appeal to Smartphone and tablet users.