Delhi High Court - Orders
Malikie Innovations Ltd & Anr vs Xiaomi Corporation & Ors on 24 July, 2025
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 734/2025
MALIKIE INNOVATIONS LTD & ANR. .....Plaintiffs
Through: Mr. Pravin Anand, Ms. Vaishali R.
Mittal, Mr. Siddhant Chamola, Ms.
Gitanjali Sharma, Mr. Gursimran
Singh Narula, Ms. Prachi Sharma and
Mr. Jitesh Prakash Gupta, Advocates.
versus
XIAOMI CORPORATION & ORS. .....Defendants
Through: Mr. Saikrishna Rajagopal, Ms. Julien
George, Mr. Arjun Ghadore, Dr.
Victor Vaibhav Tandon and Mr.
Ayush Saxena, Advocates.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 24.07.2025 I.A. 17510/2025 (deposit of pro tem security)
1. This is an Application filed by the Plaintiffs under Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking deposit of pro tem security.
2. Issue Notice.
3. The Notice is accepted by the learned Counsel for the Defendants.
4. Reply be filed within eight weeks with copy to the Plaintiffs. Rejoinder thereto, if any, be filed within three weeks thereafter. List on 10.10.2025.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:45:20 I.A. 17511/2025 (discovery by interrogatories)
5. This Application has been filed by the Plaintiffs under Order XI Rule 2 of the CPC as amended by the Commercial Courts Act, 2015 ("CC Act") read with Section 151 of CPC, seeking discovery by interrogatories upon the Defendant Nos. 1 to 4.
6. For the reasons stated in this Application, the same is allowed. The Plaintiffs are granted leave to deliver the interrogatories upon Defendant Nos. 1 to 4 contained in Annexure A to this Application.
7. The Defendant Nos. 1 to 4 individually, through their constituted attorney or authorised signatory are directed to answer to the interrogatories set out in Annexure A to this Application by way of affidavit(s) in answer. within two weeks from date. Objections to answering, if any, shall be taken in the affidavit(s) in answer. Liberty is granted to the Plaintiffs to apply, if any further direction is required to answer any omitted interrogatories or answer further any insufficiently answered interrogatories.
8. The Application stands disposed of.
I.A. 17512/2025 (leave to add or amend claims)
9. In this Application filed by the Plaintiffs under Order II Rule 2 read with Section 151 of the CPC, Plaintiffs seek the following reliefs:
"a. Grant leave to the Plaintiffs to add to or amend claims as prayed for in the plaint filed in the present proceedings, including a claim for infringement of additional patents held by the Plaintiffs which are infringed by the Defendants' devices, at a later stage in the proceedings;
b. Grant leave to the Plaintiffs to amend their claim for infringement of patents by including any additional infringing device manufactured and/or sold by the Defendants at a later stage in the proceedings;
c. Grant leave to the Plaintiffs to enhance their claim for damages at This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:45:20 a later stage in the present proceedings;
d. Grant leave to the Plaintiffs to amend the plaint, and include claims for infringement of any additional granted claim(s) of the suit patents IN 283303, IN 317530 and IN 335982"
10. For the reasons stated in this Application, the same is allowed with liberty as prayed for.
11. The Application stands disposed of.
I.A. 17513/2025 (additional documents)
12. This is an Application filed by the Plaintiffs under Order XI Rule 1 (4) read with Section 151 of the CPC seeking leave to file additional documents.
13. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
14. The Application stands disposed of.
I.A. 17514/2025 (exemption from pre-institution Mediation)
15. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
16. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi 2023 SCC OnLine SC 1382, exemption from the requirement of pre- institution Mediation is granted.
17. The Application stands disposed of.
I.A. 17515/2025 (exemption)
18. Exemption is allowed, subject to all just exceptions.
19. The Application stands disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:45:20 I.A. 17516/2025 (filing confidential documents in a sealed cover)
20. This is an Application filed by the Plaintiffs under Section 151 of the CPC read with Rule 19 of the Delhi High Court Intellectual Property Division Rules, 2022, seeking leave to file confidential documents specified in paragraph 4 of this Application in a sealed cover and that all the hearings with respect to the said confidential documents be conducted in-camera and only the parties' advocates and representatives be allowed to remain present for such hearings.
21. Considering the averments made in the present Application, the same is allowed and the Registry is directed to accept the said documents to be filed in a sealed cover. A copy of the said documents shall be provided to the Defendants in a password protected pen drive.
22. Upon the Plaintiffs filing the said documents, the Registry shall get the documents, so filed, scanned and added to the electronic file of the present case in a separate folder, which shall be password protected, as per the password provided by the Plaintiffs.
23. The Application stands disposed of.
I.A. 17517/2025 (extension of time for filing Court Fees)
24. The Court Fees is stated to have been already deposited.
25. In view of the same, the Application does not survive and stands disposed of.
I.A. 17518/2025 (leave to file certain documents on a CD / pen drive)
26. This Application has been filed by Plaintiffs seeking permission to place on record pen drive containing video clips of Defendants' infringing activities.
27. In facts and circumstances as stated in the Application, the same is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:45:20 allowed. It is directed that the pen drive to be filed by the Plaintiffs shall be taken on record and an identical pen drive shall be provided to the Defendants as well.
28. Accordingly, the Application stands disposed of. CS(COMM) 734/2025
29. Let the Plaint be registered as a Suit.
30. Issue Summons. The learned Counsel for the Defendants accept Summons.
31. The Defendants shall file the Written Statement(s) within six weeks from the date. Along with the Written Statement(s), the Defendants shall also file an Affidavit(s) of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.
32. Liberty is granted to the Plaintiffs to file Replication(s), if any, within three weeks from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
33. The Parties shall file all original documents in support of their respective claims along with their respective pleadings. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
34. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
35. List before the learned Joint Registrar on 22.09.2025 for completion This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:45:20 of pleadings and admission and denial of documents. I.A. 17509/2025 (under Order XXXIX Rule 1 & 2 of CPC)
36. Issue Notice. Learned Counsel for the Defendants accept notice.
37. Plaintiff No. 1, Malikie Innovations Ltd. and Plaintiff No. 2, Key Patent Innovations Ltd., have filed the present Suit against the Defendants seeking restraining the Defendants from infringing the Plaintiffs' Standard Essential Patents ("SEPs"), damages, a declaration that the Defendants are unwilling licensees, a declaration that Plaintiffs have complied with Fair Reasonable and Non-Discriminatory ("FRAND") obligations to European Telecommunications Standards Institute ("ETSI").
38. In this Suit, the Plaintiffs are asserting SEPs directed to technologies incorporated into the 4G and 5G cellular standards. The Plaintiffs are seeking to license a portfolio of cellular SEPs comprising the patent assets that Malikie acquired from BlackBerry Limited and the patent assets that are currently owned by BlackBerry but licensable by Malikie.
39. Through this Application, the Plaintiffs are seeking, inter alia, an order for a temporary injunction restraining the Defendants from inter alia manufacturing, selling and exporting/importing products in particular mobile phones/handsets that infringe Malikie's Licensable Cellular SEPs, which include:
a) IN 283303, titled A METHOD FOR PROVIDING REPETITIONS ACK/NACK FROM A USER EQUIPMENT
b) IN 317530, titled A USER EQUIPMENT FOR DISCONTINUOUS RECEPTION
c) IN 335982, titled SYSTEM AND METHOD FOR DETERMINING ESTABLISHMENT CAUSES This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:45:20
40. Let the Reply to this Application be filed within eight weeks from the date. Rejoinder thereto, if any, be filed within three weeks.
41. List before this Court for hearing on 10.10.2025.
TEJAS KARIA, J JULY 24, 2025 'SMS' / 'N' This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:45:20