Context: Nera Innovations, a private equity-backed non-practicing entity (NPE), has asserted three patents against Xiaomi — all acquired from LG Electronics and Giesecke & Devrient. It has lost ground on all three. The granted version of EP2642632 (“Wireless power receiver and method of manufacturing the same”) was revoked by the UPC Hamburg Local Division (LD) last year, and the amended one was not deemed infringed (July 10, 2025 ip fray article). The Landgericht Düsseldorf (Dusseldorf Regional Court) stayed its proceedings over EP2947606 due to doubts about validity. And EP2916418 (“Wireless charging and communication board and wireless charging and communication device”) was revoked by the Bundespatentgericht (Federal Patent Court of Germany) in February 2026 after a negative non-binding preliminary opinion (NBPO) (February 11, 2026 ip fray article).
What’s new: Today, the Federal Patent Court held its nullity trial on EP2947606 (“Mobile terminal”) — the patent over which the Dusseldorf Regional Court had stayed its infringement proceedings. The court revoked the patent. Nera’s auxiliary requests did not succeed either. The written decision will follow in a few months, but the court issued its ruling from the bench at the end of the hearing. EP2947606 has already expired, meaning Nera can no longer seek an injunction based on it — only damages for past infringement.
Direct impact: All three of Nera’s infringement cases against Xiaomi have now failed at first instance. To achieve anything, Nera must get at least one of the revoked patents reinstated on appeal. It can appeal today’s decision to the Bundesgerichtshof (Federal Court of Justice) once it receives the written reasons, and it probably will. But with no injunction available on the now-expired EP2947606, the stakes on appeal are limited to a damages claim.
Wider ramifications: This is an unusually clean defense: Xiaomi has neutralized all three of Nera’s patents at the first-instance validity stage. It shows that Xiaomi — generally known for its licensing-oriented approach — is willing and able to fight back hard when it believes the patents in question are weak, a judgment that several independent judicial panels have now appeared to share. For practitioners, the outcome is a reminder of how Germany’s bifurcated system, while historically seen as plaintiff-friendly, can swing the other way when NBPOs signal weakness early and infringement courts stay their proceedings accordingly.
Today’s Federal Patent Court ruling on EP2947606 completes a clean sweep for Xiaomi at first instance across Nera’s three-patent campaign. The court revoked the “Mobile terminal” patent, finding Nera’s auxiliary requests unconvincing. Because the patent has already expired, no injunction was ever on the table for this proceeding — Nera’s only remaining avenue over EP2947606 would be a damages claim, contingent on winning an appeal at the Bundesgerichtshof.
The result mirrors the earlier outcomes on EP2916418, which the same court revoked in February after a negative NBPO prompted the Landgericht MĂĽnchen I (Munich I Regional Court) to stay its infringement proceedings, and on EP2642632, the amended version of which was not infringed according to the UPC’s Hamburg LD. On the remaining UPC front, Nera’s appeal of the Hamburg LD decision has been assigned to Panel 3 of the Court of Appeal, with a hearing scheduled for July 16, 2026. The nearest near-term test for Nera had been today’s hearing — and that has now gone against it, too.
Counsel
Counsel for Xiaomi: Maikowski & Ninnemann patent attorneys Dr. Gunnar Baumgaertel (“Baumgärtel” in German) and Piet Schoenherr (“Schönherr”), supported by Freshfields attorneys-at-law Wolrad Prinz zu Waldeck und Pyrmont and Carlotta Mannes.
Counsel for Nera: Peterreins Schley patent attorneys Felix Gloeckler (“Glöckler”) and Dr. Maximilian Macha, supported by attorney-at-law Dr. Thomas Adam.