Ona Patents v Apple (CFI, 11 September 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 11 September 2025 (UPC_CFI_99/2024 and UPC_CFI_392/2024, App_35855/2025), the Düsseldorf Local Division ordered reimbursement to Ona Patents of 40% of the court fees paid for its infringement action against the Apple companies (EP 2 263 098), namely EUR 20,000, and released the EUR 500,000 security for costs ordered on 27 December 2024. The action had been withdrawn on 1 September 2025, before the written procedure closed, and the withdrawal allowed on 5 September.

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, and should the security for costs be released?

Decision

All regular pleadings had been exchanged, and the judge-rapporteur’s questions and requests for documents of 1 August 2025 required an in-depth examination comparable to a Rule 103 order: the 40% rate under Rule 370.9(b)(ii) applies instead of the 60% under Rule 370.9(b)(i). As the parties agreed to bear their own costs and the defendants consented to release, the security no longer served any purpose (Rule 352.2).

Key points for practice

• The reimbursement rate follows how far the case has actually progressed, not only formal closure of the written procedure.
• An agreement on costs allows immediate release of the security for costs under Rule 352.2.

Provisions applied

Rules of Procedure

Rules 103, 352.2, 370.9(b)(i) and (ii) and 370.11

Related decisions

• Ona Patents v Apple, 17 September 2025, same outcome for the fees of the revocation counterclaim.

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.