Ona Patents v Apple (CFI, 27 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 27 December 2024 (UPC_CFI_99/2024), the Düsseldorf Local Division (Judge Thomas as judge-rapporteur, Judges Thom and Kokke) ordered Ona Patents, alleged proprietor of EP 2 263 098 and claimant in an infringement action against five Apple companies, to provide security for costs of EUR 500,000 within six weeks. The defendants had sought EUR 1.012 million. Leave to appeal was granted. The order shows the burden on a recently formed company with minimal capital once doubts as to its solvency are established.

Question

Must a patentee company formed shortly before the action, with share capital of EUR 3,000 and no public financial information, provide security for costs, and in what amount?

Decision

Yes. Under Court of Appeal case law, the defendant must show a legitimate and real concern about recovering its costs. The claimant must then substantiate its financial position (Art. 69(4) UPCA, Rule 158). Ona Patents gave no detailed evidence and support from its exclusive licensee was uncertain. The EUR 800,000 ceiling is only a limit and representation costs must be reasonable and proportionate (Rule 152.1), the unexplained EUR 100,000 of other costs was disregarded. The one-week time limit sought was refused, the request for a default decision was premature and leave to appeal was granted (Rule 220.2).

Key points for practice

• Practical point: a claimant facing a security application should document its own resources and those of its funder in detail, a general challenge to the indicators relied on is not enough.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(4) and Art. 73(2)(b)(ii)

Rules of Procedure

Rules 152.1, 158, 220.2, 224.1 and 355

Case law cited

Court of Appeal, AUDI AG v Network System, 17 September 2024 (UPC_CoA_217/2024), Court of Appeal, Aarke v SodaStream Industries, 29 November 2024 (UPC_CoA_548/2024), Paris Central Division, Suinno v Microsoft, 27 September 2024 (UPC_CFI_164/2024), The Hague Local Division, Plant-e v Arkyne, 13 February 2024 (UPC_CFI_239/2023), Ballinno v UEFA, 14 May 2024 (UPC_CFI_151/2024)

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.