Ona Patents v Google Ireland (CFI, 27 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 27 December 2024 (UPC_CFI_100/2024), the Düsseldorf Local Division (Judge Thom as judge-rapporteur, Judges Thomas and Kokke) ordered Ona Patents, claimant in an action for infringement of EP 2 263 098 against Google Ireland and Google Commerce, to provide security for costs of EUR 500,000 within six weeks, rather than the EUR 917,400 sought within one week. Leave to appeal was granted. On the same day the same panel applied identical reasoning and set the same amount in Ona Patents’ action against the Apple group.

Question

Must a company formed in October 2023, alleged proprietor of the patent since December 2023 and claimant from March 2024, with share capital of EUR 3,000, provide security for the defendants’ costs?

Decision

Yes. The defendants having credibly shown a legitimate and real concern about recovering their costs, it was for Ona Patents to substantiate its position, which it failed to do. Support from its exclusive licensee was uncertain (Art. 69(4) UPCA, Rule 158.1). As to the amount, the EUR 800,000 ceiling is only a safeguard, representation costs must be reasonable and proportionate (Rule 152.1) and the right to an effective remedy (Art. 47 of the Charter) was weighed. The one-week time limit, drawn from a provisional measures case, was rejected. The request for a default decision was premature (Rules 158.5 and 355).

Key points for practice

• Practical point: the ownership and funding structure of a patentee company set up to litigate should be documented from the outset of the proceedings.

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.