Ona Patents v Google Ireland (CFI, 13 October 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 13 October 2025, given in joined proceedings UPC_CFI_100/2024 and UPC_CFI_411/2024 (patent EP 2 263 098), the panel of the Düsseldorf Local Division dismissed Ona Patents’ request under Rule 333 for review of the summons to the oral hearing of 28 August 2025, insofar as it did not foresee an interim conference. The order confirms that closed parallel proceedings cannot be imported into the debate, and that a party cannot force an interim conference by filing further briefs.

Question

Should the panel review the summons and hold an interim conference to discuss arguments drawn from closed parallel proceedings and from a brief filed outside the timetable?

Decision

No. The request was admissible under Rules 333.2 and 333.3 but unfounded. The order under review merely expressed an intention not to hold an interim conference, which leaves little room for review. Even if it were a decision, scheduling lies within the presiding judge’s discretion, and no misuse of that discretion was alleged. The arguments and findings of the proceedings closed on 5 September 2025 against other defendants (UPC_CFI_392/2024) are irrelevant: the proceedings are legally independent, and only the arguments made in this case on prior art documents D 12 to D 14 count. The brief of 1 September 2025, filed outside any case management framework, may be discussed at the hearing if it is not disregarded.

Key points for practice

• Each set of UPC proceedings stands alone: arguments developed in parallel proceedings, even closed ones, must be expressly repeated in the pleadings of the current case.
• A mere statement in a summons that no interim conference is planned is ill suited to review under Rule 333.

Provisions applied

Rules of Procedure

Rule 333

Related decisions

• Ona Patents SL v Google Ireland, 14 October 2025, judge-rapporteur’s order on the brief of 1 September 2025 and the closure of the written procedure.

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.