Opera Mobile is now the most used mobile browser world wide according to SiteCounter for the month of May.

Opera Mobile took the lead for the month with 24.6% of the worldwide market compared to 22.3% for the iPhone. This statistic is a little misleading however, as with iPod touch added to the total, it comes to 37.32% market share.

Nokia came in third for the month with 17.9% market share.

EMG Technology is suing Apple over an alleged patent infringement in its mobile version of Safari.

EMG is seeking an unspecified amount in damages, claiming the “simplified interface of reformatted mobile content to provide optimum viewing and navigation with single touches on a small screen” as a reason for the suit.

Patent 7,441,196 was issued in October this year, after being filled back in November 1999. The patent covers the resizing of content and data on mobile screens, along with navigation and scrolling methods.

EMG has not offered Apple the chance to licence the technology and currently has no plans to go after other smartphone makers.

Apple will not comment on the matter.