Recently, the Mannheim Regional Division of the UPC issued a ruling approving the joint motion filed by the Irish patent operating company Malikie Innovations and Xiaomi to dismiss the lawsuit regarding European Patent No. EP2387862.
The case began in November 2025, when Malikie filed a complaint with the Mannheim Division alleging that Xiaomi had infringed its EP2387862 patent, which relates to “systems and methods for determining the cause of an event.” Xiaomi promptly responded with a counterclaim seeking invalidation. Both parties jointly filed a motion to dismiss the case before the court had entered into substantive proceedings, and did not request a ruling on the allocation of litigation costs.
On August 24, 2026, Tobias Sender, Judge and Rapporteur at the Mannheim Regional Division of the UPC, signed an order granting Malikie’s motion to dismiss the infringement claim and accepting Xiaomi’s motion to dismiss the counterclaim for revocation filed against the patent. In accordance with the rules governing early withdrawal of claims, the court ruled that each party would be refunded half of the litigation fees already paid in advance—Malikie received 15,500 euros (approximately 120,845.75 RMB), and Xiaomi received 13,250 euros (approximately 103,311.58 RMB).
In addition to the Mannheim case, the parties have other pending litigation before the UPC Munich Division, as well as in courts in India and Germany. Notably, Malikie filed another infringement lawsuit against Xiaomi at the Munich Regional Court I based on Patent EP2879321; however, the German Federal Patent Court has already issued an informal assessment regarding this patent, preliminarily determining that it faces the risk of being declared invalid due to lack of novelty.
IP Finance will continue to monitor further developments.
Case Background
In July 2025, Malikie sued Xiaomi in the First Local Court of Munich, Germany, for infringing its EP2879321 patent, while simultaneously filing an infringement lawsuit involving three Indian patents in the Delhi High Court in India;
In November 2025, Malikie filed another lawsuit against Xiaomi at the Munich Regional Division of the Unified Patent Court (UPC);
On the 25th of the same month, Malikie filed another lawsuit against Xiaomi at the Mannheim Regional Division of the UPC, alleging infringement of EP2387862; Xiaomi immediately filed a counterclaim seeking revocation of that patent;
In March 2026, Xiaomi filed a FRAND rate determination lawsuit against Malikie with the Shenzhen Intermediate People’s Court, requesting the court to determine FRAND licensing rates for Malikie’s 3G, 4G, and 5G standard-essential patents in China;
In April 2026, the Delhi High Court in India issued an interim security order in the Malikie v. Xiaomi SEP dispute, requiring Xiaomi to provide approximately $28.7 million in interim security for the duration of the proceedings;
In mid-August 2026, the German Federal Patent Court issued a “notice of compliance” regarding Patent EP2879321, preliminarily determining that the patent should be invalidated due to lack of novelty;
On August 24, 2026, the Mannheim Regional Division of the Unified Patent Court (UPC) approved the parties’ withdrawal of the litigation concerning Patent EP2387862.
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