Norwegian robotics company AutoStore intends to appeal to the US courts following the decision of the International Trade Commission (ITC) in the case AutoStore brought against British online supermarket Ocado Group.
On 10 March, the ITC affirmed the initial decision by Judge Charles Bullock on 13 December 2021, which found that despite Ocado’s infringement of the patents asserted by AutoStore, those patents were invalid.
Read more: Ocado wins patent infringement trial against AutoStore
Furthermore, the substantive hearing of AutoStore’s patent infringement claim against Ocado in the UK High Court begins today [Tuesday 15 March]. AutoStore launched this infringement claim in October 2020. The trial is set to last four weeks in total.
According to AutoStore, its action in the UK proceedings will focus on three particular patents, known collectively as its “Central Cavity Patents,” to further strengthen its UK infringement case against Ocado. AutoStore has also since added and asserted at least one additional patent against Ocado, which will be the subject of a further trial to be heard in April 2023.
However, AutoStore will discontinue an appeal in the European Patent Office against a first instance decision from in March 2021 in relation to one of its patents (EP 847) because that patent is no longer relevant to AutoStore’s UK infringement case.
In a statement the robotics firm, said: “AutoStore believes strongly in its litigation positions and will continue to pursue them. AutoStore also continues to believe that each of the claims and counterclaims raised by Ocado is without merit and intends to vigorously defend against those claims.
“The outcome of legal proceedings is subject to uncertainty and can be extremely difficult to predict, and AutoStore offers no assurances in this regard.”
