The outcome of these proceedings has no effect on AutoStore’s global operations. As the pioneer of cube storage automation, AutoStore has secured hundreds of patents since its founding and continues to develop the next generation of robots and solutions to remain the technology leader in this space.
As previously disclosed, the initial determination found that although Ocado’s OSP infringes on three of AutoStore’s patents, these patents were invalid based on a narrow legal issue. The initial determination also rejected Ocado’s assertion that the patents are unenforceable due to inequitable conduct or equitable estoppel.
Separately, the substantive hearing of AutoStore’s patent infringement claim against Ocado in the UK High Court begins on Tuesday 15 March 2022. AutoStore launched this infringement claim in October 2020. The trial is set to last four weeks in total, with the initial part of the hearing scheduled for 15 to 22 March.
As communicated on 24 January 2022, AutoStore sharpened its action in the UK proceedings to 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.
Having done that, AutoStore will discontinue an appeal in the European Patent Office (EPO) against a first instance decision of the EPO 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 and this step strengthens AutoStore’s case. AutoStore remains confident that it will prevail at trial in its UK infringement action, and the decision of the ITC has no bearing on that action.
In January 2022, the European Patent Office upheld the validity of a key AutoStore Central Cavity Patent, the second in this patent family that the EPO has upheld, which is part of AutoStore’s ongoing infringement action in the UK.
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.
CONTACTS
For further queries, please contact:
AutoStore Investor Relations:
Bent M. Skisaker, Chief Financial Officer
+47 46 82 16 93
bent.skisaker@autostoresystem.com
Hiva Ghiri, Vice President Investor Relations
+47 958 66 790
hiva.ghiri@autostoresystem.com
AutoStore Norwegian media:
Geir Bjørlo
+47 91 54 00 00
geir.bjorlo@corpcom.no
AutoStore International media:
Emma Schultz (USA)
+1 646 644 8095
AutoStore@brunswickgroup.com
Tim Danaher (UK)
+44 7515 916 216
AutoStore@brunswickgroup.com
About AutoStore
AutoStore is an innovative robotic and software technology company, and a pioneer of cubic storage automation. The group operates in the rapidly growing warehouse automation industry, and in the even faster growing cube storage segment. AutoStore develops warehouse solutions for the future and helps its customers to enable space saving and increase performance, while reducing labor and energy costs. For more information about AutoStore, see www.autostoresystem.com.
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.
