Microsoft sues Samsung for breaking IP agreement

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Microsoft sues Samsung for breaking IP agreement

Microsoft has filed legal action against Samsung in the Southern District of New York for not complying with an IP cross-licensing agreement

“We don’t take lightly filing a legal action, especially against a company with which we’ve enjoyed a long and productive partnership,” explained David Howard, corporate vice-president and deputy general counsel at Microsoft, in a blog post. “Unfortunately, even partners sometimes disagree. After spending months trying to resolve our disagreement, Samsung has made clear in a series of letters and discussions that we have a fundamental disagreement as to the meaning of our contract.”

In 2011, Samsung entered into a legally binding contract with Microsoft to cross-license IP. Since then Samsung’s smartphone sales have quadrupled and it is now the leading worldwide player in the smartphone market. In 2011 it shipped 82 million Android smartphones, three years later it shipped 314 million Android smartphones.

“After becoming the leading player in the worldwide smartphone market, Samsung decided late last year to stop complying with its agreement with Microsoft,” said Howard. “In September 2013, after Microsoft announced it was acquiring the Nokia Devices and Services business, Samsung began using the acquisition as an excuse to breach its contract. Curiously, Samsung did not ask the court to decide whether the Nokia acquisition invalidated its contract with Microsoft, likely because it knew its position was meritless.”

Howard said Microsoft and Samsung have a long history of collaboration. “We are simply asking the Court to settle our disagreement and we are confident the contract will be enforced,” he said.


more from across site and SHARED ros bottom lb

More from across our site

As UPC activity continues to drive strategic hiring and expansion, recent rulings have delivered a notable win for Samsung, and further uncertainty in the long-running GSK-Pfizer vaccine battle
The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
Gift this article