Ocado’s robotics patent injunction fails at UK court
Ocado Group has failed to convince an English High Court judge to grant an interim injunction that would prevent the disclosure of certain evidence in a US lawsuit with Norwegian robotics firm AutoStore.
The online retail giant sought to block AutoStore from submitting information before the US International Trade Commission (ITC) related to discussions held between their lawyers in London at an upcoming trial due to take place in August 2021.
The dispute centres around six AutoStore patents covering the addition of a storage bin to the “central cavity” of warehouse packaging robots. The ITC proceedings focus on three US patents, predominantly US patent 9,862,579 titled “Automated Storage System And Robot For Transporting Storage Bins”.
AutoStore alleges in the ITC proceedings that Ocado had infringed its US patents, whereas Ocado claims an equitable estoppel defence, saying that AutoStore assured Ocado that it did not infringe.
Upon hearing that AutoStore planned to present information from the London meetings at the ITC, Ocado filed the application for an interim injunction with the UK High Court, claiming breach of contract and breach of confidence on the part of AutoStore.
Judge Richard Hacon dismissed Ocado’s application for an injunction, calling Ocado’s arguments to withhold the information “skeletal”.
“The ITC judge... is better placed to decide what evidence should be admitted in his own court than is an English judge in an interim hearing,” Hacon concluded.
In this application, Vernon Flynn QC and Kathryn Pickard represented AutoStore, whereas Alan Maclean QC and Thomas Plewman QC appeared for Ocado.
Case history
AutoStore is embroiled in an infringement lawsuit with six subsidiary companies of the online retail business Ocado across the UK, US and Germany.
AutoStore has brought a claim with the UK Intellectual Property Office seeking entitlement to patents owned by one of the Ocado subsidiaries. The patents are also in opposition proceedings at the European Patent Office. It is also opposing Ocado at the US District Court for the District of New Hampshire.
Conversely, Ocado has brought actions against AutoStore in both Mannheim and Munich in Germany as well as the US District Court for the Eastern District of Virginia.
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