Touting itself as a pioneer in the adoption of the mobile internet, Openwave Systems has now begun legal action against two of its biggest exponents.

The software company has announced its filed complaints with the International Trade Commission (ITC) in the US against both Apple and RIM, alledging their smartphones and tablets infringe five of its patents.

The patent pack

"Openwave invented technologies that became foundational to the mobile Internet," said CEO Ken Denman.

"We believe that these large companies should pay us for the use of our technologies, particularly in light of the substantial revenue these companies have earned from devices that use our intellectual property."

The patents themselves range from using email apps on a mobile device when there's no internet connection, to the ability for handsets to operate seamlessly over a wireless network and the sharing of data between devices over the cloud.

Blanket ban

As is usually the case, Openwave is looking to ban the import into the US of devices from both firms, including iPhone 3G, iPhone 3GS, iPhone 4, iPod touch, iPad and iPad 2 from Apple, and RIM's Blackberry Curve 9330 and Blackberry PlayBook.

"Before filing these complaints, we approached both of these companies numerous times in an attempt to negotiate a license of our technology with them and did not receive a substantive response," continued Denman.

"In the end, litigation is the only way we can defend our rights against these large companies that have effectively refused to license the use of the technologies we invented, are using today, and are continuing to develop for our customers."

Neither Apple nor RIM have released any comment in response.

[source: BusinessWire]