RE: Autostore up 16% today29 Dec 2021 23:37
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What to Do?
AutoStore attacked Ocado in a manner that appeared to be unprovoked, and they lost. Now, they need to go on the defensive. Ocado Group is firing back with a lawsuit in the United States that seeks to “prevent AutoStore from continuing to use its Blackline robot and its Router software system, as well as certain other aspects of its storage system that infringe Ocado’s patents.” They also filed an anti-trust complaint against AutoStore in the U.S., and then filed applications at the US Patent and Trademark Appeal Board for reviews of all AutoStore’s asserted patents. In other words, Ocado has retaliated against AutoStore in a manner that seems to far outweigh the claims initially brought against them. This is akin to a bitter divorce where the attorneys line their pockets with fees while both parties involved lose wealth over time.
Perhaps now is the time for AutoStore to eat some crow and sit down at the negotiating table. With just 10% of revenues coming from Retail & Grocery, AutoStore could forego that focus entirely in exchange for Ocado Group dropping their claims.
AutoStore revenues and clients
Credit: AutoStore
We believe AutoStore made two big mistakes. First, they went after a competitor in a very aggressive manner when only 10% of their revenues were in direct competition with said competitor. Second, they did so with what appears to be a very weak claim. AutoStore’s press release concerning the decision notes that “today’s decision has no impact on AutoStore’s ability to sell its product in the U.S. or globally,” and that the outcome was because “certain of AutoStore’s patents were invalid based on a narrow legal issue.” With a great deal of time and money wasted already, it could only get worse as AutoStore now deals with the much bigger problem of having to play defense.
The most tenured lawyers on this planet can’t look at a court case and predict the outcome, so there’s little point in trying ourselves. However, we can try to speculate as to why AutoStore ****ed off Ocado Group – aside from trying to bar them from doing business in the U.S., of course. One clue can be found in a memorandum filed in response to AutoStore’s motion to dismiss which was denied.
Ocado alleges that AutoStore released a “new” product, on an accelerated timely, that is suspiciously similar to Ocado’s technology, after meeting with Ocado representatives about a business relationship and touring its warehouse facility, which suggests it deliberately copied Ocado’s patented ideas and designs."