Press release dated August 14, 2024

BARDEHLE PAGENBERG and Xiaomi continue theirsuccess in litigation with KPN
German Federal Patent Court confirms its preliminary assessment andrules that KPN’s EP 2 291 033 is invalid to the extent asserted against
Xiaomi.
On April 14, 2022, Koninklijke KPN N.V. (KPN) sued Xiaomi Technology Germany
GmbH (Xiaomi) for alleged infringement of EP 2 291 033 (EP’033) at the Regional
Court of Duesseldorf by, inter alia, certain Xiaomi smartphones (docket no.
4b O 26/22). KPN asserted EP’033 to be essential for the LTE and NR cellularstandards.
On October 31, 2022, Xiaomi responded with non-infringement, FRAND, and invalidity
defenses and filed a nullity action against the German part of EP’033 before the German
Federal Patent Court in Munich targeting the asserted terminal claim (docket no.

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4 Ni 88/22 (EP)).
In September 2023, the Federal Patent Court already indicated in its “qualified opinion”
pursuant to section 83 German Patent Act that it deems said terminal claim to be
obvious over certain prior art, even though the claim as asserted against Xiaomi had
survived earlier European opposition proceedings brought by a third party. This led to astay of the infringement proceedings.
On August 6, 2024, the oral hearing in the nullity proceedings between Xiaomi and KPN
took place, which had meanwhile been joined with parallel nullity proceedings brought
by OROPE Germany GmbH (OROPE) against EP’033 (original docket no. 73/22). At theend of the oral hearing, the Federal Patent Court declared the attacked terminal claim
null. KPN did not succeed in defending the claim, not even in form of any of the twelve
auxiliary requests it had filed.
KPN may appeal the judgement. The written grounds have not yet been served. But it
appears that the Federal Patent Court followed the arguments presented by BARDEHLE
PAGENBERG and Xiaomi essentially in full.

BARDEHLE PAGENBERG
Partnerschaft mbB
Patentanwälte Rechtsanwälte
Amtsgericht München
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In cooperation with:www.yusarn.com
SingaporeRepresentatives of Xiaomi: BARDEHLE PAGENBERG (Munich, Germany):
Dr. Marius Fischer (German and European Patent Attorney, UPC Representative)
Prof. Dr. Tilman Müller-Stoy (Attorney-at-Law (Rechtsanwalt), Certified IP Lawyer,Commercial Mediator (MuCDR), UPC Representative, Partner)
Dr. Jan Bösing (Attorney-at-Law (Rechtsanwalt), UPC Representative, Partner)
Representatives of KPN:
Axel Verhauwen, Krieger Mes Graf v. d. Groeben
Nazim Söylemezoglu, Bauer Vorberg Kayser
Representatives of OROPE:
Dr. Constantin Kurtz, KLAKA
Dr. Martin Thimm, Gulde & Partner
German Federal Patent Court, 4th Nullity Senate:
Presiding Judge Werner

BARDEHLE PAGENBERG combines the professional expertise of attorneys-at-law, patent
attorneys, professional representative s before the European Patent Office, specialized trademark
lawyers, and qualified technical consultants. Our consulting services are tailored to our clie nts'
individual needs and the specific circumstances of each case.
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Press contact:
Gabriela Tröger

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Marketing & PR

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gabriela.troeger@bardehle.de81675 München

www.bardehle.com

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