The California-based company develops technology allowing users to access email on mobile devices. The alleged patent infringement centres around Windows Mobile 5.0, which was launched last May.
"Microsoft has a long and well-documented history of acquiring the technology of others, branding it as their own, and entering new markets," claimed Visto chief executive 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.
"For its foray into mobile email and data access, Microsoft simply decided to misappropriate Visto's well known, documented and patented technology."
Visto is seeking a permanent injunction against Microsoft, preventing the company from distributing software that violates its intellectual property. The mobile email provider is also seeking unspecified monetary damages.
A spokeswoman for Microsoft declined to comment claiming that the company had not yet had a chance to review the complaint and investigate Visto's allegations. She emphasised that Microsoft stands behind its products and respects intellectual property rights.
As the market for mobile email grows, it has become a hotbed of patent litigation. The NTP patent holding company has been engaged in a legal battle with RIM for years over the alleged infringement of another mobile email patent.
Recent court rulings in this case have sparked fears that users in the US could be cut off from their BlackBerry devices.
NTP signed a patent licensing deal with Visto on Wednesday and became a shareholder in the company.
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