Düsseldorf Local Division
UPC_CFI_100/2024 UPC_CFI_411/2024

Final Order
of the Court of First Instance of the Unified Patent Court
issued on 10 September 2025
concerning EP 2 263 098 B1

CLAIMANT:
Ona Patents SL, represented by its Managing Director Raúl Diaz Morales, Carrer de Calàbria 149 En. 1, 08015 Barcelona, Spain
represented by: Attorney-at-law Dr Christof Augenstein, Attorney-at-law Dr Ben-edikt Walesch, Attorney-at-law Dr Melissa Lutz, Kather Augen-stein, Bahnstraße 16, 40212 Düsseldorf, Germany
Patent Attorney Dipl.-Ing. Benjamin Bubendorfer, Patent Attorney
M. Sc. Andreas Rauscher, WBH Wachenhausen Patentanwälte
PartGmbB, Müllerstraße 40, 80469 Munich, Germany
electronic address for service: augenstein@katheraugenstein.com

COUNTER-DEFENDANT 2:
Ekahau Oy, represented by the Board of Directors Jeremy Rossen, Brian Conrad Stewart und Ari
Olavi Tourunen, Jaakonkatu 5, 00100, Helsinki, Finland
represented by: Attorney-at-law Dr Christof Augenstein, Attorney-at-law Dr Ben-edikt Walesch, Attorney-at-law Dr Melissa Lutz, Kather Augen-stein Rechtsanwälte PartGmbB, Bahnstraße 16, 40212 Düsseldorf, Germany
Patent Attorney Dipl.-Ing. Benjamin Bubendorfer, Patent Attorney M. Sc. Andreas Rauscher, WBH Wachenhausen Patentanwälte
PartGmbB, Müllerstraße 40, 80469 Munich, Germany
electronic address for service: augenstein@katheraugenstein.com

DEFENDANTS:
1. Google Ireland Limited, represented by its directors Elizabeth M. Cunningham, David M. Sned-don, Vanessa Hartley, Colin Goulding, Amanda Storey, Gordon House, Barrow Street 4, Dublin 4, D04 V4X7, Republic of Ireland
2. Google Commerce Limited, Gordon House, Barrow Street, Dublin 4, D04 E5W5, Republic of Ireland
represented by: Attorney-at-law Dr Marcus Grosch, Attorney-at-law Dr Jesko Preuß, Attorney-at-law Dr Andreas Hahne, Quinn Emanuel, Her-mann-Sack-Straße 3, 80331 Munich, Germany
electronic address for service: marcusgrosch@quinnemanuel.com

PATENT AT ISSUE:
European patent n° EP 2 263 098 B1

PANEL/DIVISION:
Panel of the Local Division in Düsseldorf

DECIDING JUDGES:
This order was issued by Judge Dr Thom acting as judge-rapporteur.

LANGUAGE OF THE PROCEEDINGS: English

SUBJECT OF THE PROCEEDINGS: R. 262A RoP – Protection of confidential information –
addition corrigendum

GROUNDS OF THE ORDER:
For clarity, the Court´s order of 9 September should include an explicit statement about being confidential of the information provided by the Claimant in its application dated 20 August 2025. So the confidentiality order of 9 September is hereby corrected and issued as follows.

ORDER:
I. The following information is classified as confidential within the meaning of Art. 58 UPCA, R.262.2 RoP:
In Claimant´s brief dated 20 August 2025 named contract documents and internal com-pany information between the companies involved in the patent transfer chain, namely
- the statements highlighted in grey
- exhibits marked “strictly confidential”.
II. Access to the unredacted version of Claimant’s brief dated 20 August 2025 and the unredacted version of Exhibits KAP 21 to KAP 33 shall be restricted, on the part of the Defendants, to
1. the authorised representatives involved in these proceedings on their side and their staff (including experts and their team members);
2. the following individuals:
- […]
- […]
III. Information classified as confidential in parapraph I. shall be treated as such by the Defendants’ representatives, their staff and the individuals named in paragraph II. above. It shall not be used or disclosed outside of these court proceedings, except to the extent that it has verifiably come to the knowledge of the receiving party outside of these proceedings, provided that the receiving party has obtained it on a non-con-fidential basis from a source other than the Claimant or its affiliates, provided that such a source is not bound by a confidentiality agreement or other obligation of secrecy with the Claimant or its affiliates.
IV. In the event of a culpable breach of this order, the Court may impose a penalty pay-ment for each breach, to be determined having regard to the circumstances of each case.

DETAILS OF THE ORDER:
App_35230/2025 concerning ORD_34156/2025 referring to the main proceedings ACT_11921/2024, CC_41214/2024
UPC-Number: UPC_CFI_100/2024 and UPC_CFI_411/2024
Subject of the Proceedings: Patent infringement action and counterclaim for revocation

Issued in Düsseldorf on 10 September 2025