German court considers Ocado IP rights may be invalid and halts case against AutoStore

Last Updated
January 28, 2022

(Nedre Vats, 28 January 2022) The Munich District Court yesterday stayed proceedings brought by Ocado for orders blocking the sale of AutoStore’s B1 robot in Germany, noting that Ocado’s utility model IP rights in the action were likely to be invalid.

The Court considered that, despite Ocado having made significant last-minute amendments to the claims of its utility models, the utility models were likely invalid because the claims were seeking to cover more than had been disclosed in the application for the utility models as originally filed. The Court’s view was that Ocado were trying to claim technology they had not invented.

Ocado brought the actions in Germany as a tactical response to the legal cases AutoStore launched against it for patent infringement in 2020.

AutoStore has consistently maintained that the utility models forming the basis of Ocado’s actions in Germany are invalid, and we commenced proceedings last year in the German Patent Office to invalidate them.

AutoStore continues to invest in industry-leading technology innovations to help our customers automate their warehouse operations and drive efficiency.

Earlier this month, AutoStore released the new AutoStore R5+ robot technology that solves customers’ needs more efficiently and is being rolled out across our worldwide customer base, including in Germany. The newest addition to the AutoStore Robot fleet will enable warehouses to manage larger items, thanks to the R5+’s ability to handle Bins up to 425 mm, the tallest Bins available in the AutoStore system.

All other AutoStore actions continue as before, including the infringement action launched in October 2020 in the UK and currently before the High Court.

None of these legal developments affects the operations or success of our growing global business. As the pioneer of cube storage automation, we have secured hundreds of patents since our founding.

As demonstrated by the launch of the R5+ robot, AutoStore continues to develop the next generation of robots and solutions to remain the technology leader in this space. AutoStore now has more than 770 systems in 40 countries, is represented in a variety of industries, and continues to grow its business worldwide.

See here for further details of AutoStore’s launch of the R5+ robot:

For additional information, please contact:

AutoStore Investor Relations:
Bent M. Skisaker, Chief Financial Officer
+47 46 82 16 93

AutoStore Norwegian media:
Geir Bjørlo
+47 91 54 00 00

AutoStore International media:
Emma Schultz (USA)
+1 646 644 8095

Tim Danaher (UK)
+44 7515 916 216

Forward looking statements
This announcement includes forward-looking statements which include statements regarding the Company’s business strategy, financial condition, profitability, results of operations and market data, as well as other statements that are not historical facts. Words such as “believe,” “anticipate,” “plan,” “expect,” “target,” “estimate,” “project,” “predict,” “forecast,” “guideline,” “should,” “aim,” “continue,” “could,” “guidance,” “may,” “potential,” “will,” as well as similar expressions and the negative of such expressions are intended to identify forward-looking statements, but are not the exclusive means of identifying these statements. By their nature, forward-looking statements are subject to numerous factors, risks and uncertainties that could cause actual outcomes and results to be materially different from those projected. Readers are cautioned not to place undue reliance on these forward-looking statements. Except for any ongoing obligation to disclose material information as required by the applicable law, the Company does not have any intention or obligation to publicly update or revise any forward-looking statements after it distributes this announcement, whether to reflect any future events or circumstances or otherwise.