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Wildseed Sues Kyocera For Breach Of Contract

Seattle – Software developer Wildseed filed a breach of contract lawsuit against Kyocera here in Federal District Court alleging that Kyocera used Wildseed technology in the manufacture of a CDMA wireless phone.

Meantime, Wildseed has reached an agreement with manufacturer Curitel to make a GSM phone for display during October’s CTIA Wireless IT event.

Wildseed technology uses chip-embedded themed faceplates that consumers swap to change the phone’s cosmetics, screensavers, ring tones, games, stored Web links and stored video clips. Kyocera’s color-screen model, unveiled at the CTIA show in March, is a BREW- and MMS-equipped trimode with built-in camera, MP3 player and FM radio. It was to ship in the early fourth quarter at an estimated retail of around $199 with at least 15 faceplate options priced from $25-$40.

Kyocera said company policy prevents it from commenting on pending litigation.

Wildseed CEO Eric Engstrom  said, ‘Over the last six months, after learning of Kyocera’s abandonment of the project, we have done everything in our power to help Kyocera find a way to meet its obligations under the contract. We first worked hard without success to reach some agreement with Kyocera’s former CEO, Skip Speaks. Then, when Mr. Speaks was replaced, we contacted Kyocera again and attempted to resume discussions. However, Kyocera’s new management refused to talk with us. As a result, having exhausted all other options, Wildseed had no choice but to file a lawsuit against Kyocera for breach of contract.’