Ona Patents v Apple (CFI, 17 September 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 17 September 2025 (UPC_CFI_99/2024 and UPC_CFI_392/2024, App_36172/2025), the Düsseldorf Local Division ordered reimbursement to the Apple companies of 40% of the court fees paid for their revocation counterclaim against Ona Patents and Ekahau (EP 2 263 098), namely EUR 8,000. The infringement action and the counterclaim had been withdrawn by agreement before the written procedure closed. The order follows the reasoning adopted six days earlier for the fees of the infringement action.

Question

Does the 60% reimbursement rate for withdrawal before closure of the written procedure apply where the judge-rapporteur has already begun an in-depth examination of the case?

Decision

No. All regular pleadings had been exchanged, and the judge-rapporteur’s order of 1 August 2025, raising questions and requesting further documents, required an in-depth examination comparable to a Rule 103 order. The 40% rate for withdrawal during the interim procedure (Rule 370.9(b)(ii)) was therefore appropriate, rather than the 60% under Rule 370.9(b)(i).

Key points for practice

• The reimbursement rate turns on how far the case has actually progressed, not only on formal closure of the written procedure.
• Questions from the judge-rapporteur calling for an in-depth examination may move a withdrawal into the 40% band.

Provisions applied

Rules of Procedure

Rules 103, 370.9(b)(i) and (ii) and 370.11

Related decisions

• Ona Patents v Apple, 11 September 2025, reimbursement of the infringement action fees and release of the security.

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.