Ona Patents v Google Ireland (CFI, 14 October 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 14 October 2025, given in joined proceedings UPC_CFI_100/2024 and UPC_CFI_411/2024, the judge-rapporteur of the Düsseldorf Local Division ruled on the unsolicited submission filed by Ona Patents on 1 September 2025 against Google Ireland and Google Commerce (patent EP 2 263 098). The order admits the translation and clarification of the requests for an injunction for direct infringement, but holds the new auxiliary requests based on indirect infringement inadmissible, dismisses the defendants’ auxiliary request under Rule 36 and closes the written procedure without an interim conference. Raising indirect infringement late amounts to a new claim.

Question

After the reply, and outside any timetable, may the claimant introduce auxiliary requests based on indirect infringement and clarify its requests for direct infringement?

Decision

For direct infringement, the clarification was admitted: the requests were implicit in the earlier pleadings and the Court would in any event have had them clarified at the hearing. For indirect infringement, the requests were inadmissible: it is a different type of infringement with its own requirements (Article 26 UPCA), which would call for new arguments, the claimant filed outside any case management framework without a reasoned request under Rule 36. The scope of the dispute is as set by the panel’s order of 13 October 2025.

Key points for practice

• Claims based on indirect infringement should be made in the first pleadings. They cannot be introduced late as a variant of direct infringement.
• Any further pleading should be preceded by a reasoned request under Rule 36 explaining why it could not have been filed earlier.

Provisions applied

Agreement on a Unified Patent Court

Art. 26

Rules of Procedure

Rules 35 and 36

Case law cited

TRUMPF Laser- und Systemtechnik v IPG Laser, Düsseldorf Local Division, 12 September 2025

Related decisions

• Ona Patents SL v Google Ireland, 13 October 2025, panel order dismissing the request for review (Rule 333) and setting the scope of the dispute.

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.