Ona Patents v Apple Inc & Ors (UPC_CFI_99/2024 & UPC_CFI_392/2024)
Decision date:
11 September 2025
Osborne Clarke summary
- Ona Patents filed a patent infringement claim against the defendants. All of the defendants filed counterclaims for revocation. The Düsseldorf LD subsequently ordered Ona Patents to provide security for costs in the amount of €500,000.
- Prior to the closure of the written procedure, Ona Patents withdrew its infringement action and the defendants agreed to the withdrawal of their revocation counterclaims. The court allowed this withdrawal.
- Under Rule 370.9(b)(i) RoP, fixed and value-based fees may be reimbursed by 60% if an action is withdrawn before the closure of the written procedure. However, the court decided to apply Rule 370.9(b)(ii) RoP instead, which provides for reimbursement of 40% of the court fees if the action is withdrawn before the closure of the interim procedure. The court noted that all regular foreseen pleadings had been exchanged between the parties and that to produce this order required an in-depth examination of the matter by the judge-rapporteur, which justified the lower reimbursement rate.
Issue
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