Autostore14 Dec 2021 01:19
From Bloomberg
"Ocado Group Plc won the first round in a patent-infringement case filed by rival AutoStore Holdings Ltd. that could affect the expansion of the U.K. company’s robotic warehouse business into the U.S. online grocery market.
Three AutoStore patents are invalid, while Ocado doesn’t infringe a fourth, U.S. International Trade Commission Judge Charles Bullock said in a notice posted on the agency’s website. The judge’s findings of no violation of AutoStore patent rights are subject to review by the commission, which has the power to block or limit the types of robots that Ocado can bring into the U.S. The commission is scheduled to release its final decision in April.
Ocado’s value has soared by more than 400% since 2016 as investors bet that the U.K. company will become the premier provider of online grocery delivery services worldwide. At one stage its market capitalization was larger than Tesco Plc, Britain’s largest grocer, even though Ocado has only a fraction of the U.K. grocery market share and has barely made a profit in more than 20 years of operation.
Ocado started out as the online delivery partner of Waitrose, an upmarket U.K. grocer, but has since been repositioning itself as a technology company that can provide an “end-to-end” logistics and distribution platform that it can license to retailers around the world. Much of the rise in its valuation is based on the assumption it can roll out its Ocado Smart Platform, as its software is known, globally.
AutoStore is up 34% since it became a public company in October as investors bet an online shopping boom and labor shortages will drive up demand for its automated warehouse robots.
The Norwegian company claimed that Ocado infringed four patents for the robotic systems. The judge found that, while Ocado used technology covered by three of the patents, those claims failed to fulfill requirements of clearly describing the invention in a way that others can understand.
Officials with AutoStore had no immediate comment on the judge’s findings.
“We have consistently stated that Ocado does not infringe any valid AutoStore IP, and we are pleased that the judge has now agreed with us,” Ocado said in a statement. “This was a misconceived attempt by AutoStore to interfere with our business in the United States.”
The judge rejected Ocado arguments that the patents covered old ideas, or that AutoStore committed fraud on the U.S. Patent and Trademark Office to obtain the patents. Bullock’s complete findings won’t be publicly available for several weeks, to give both sides a chance to redact confidential information.
The companies have been quarreling over patents in various jurisdictions since 2016 but the battle heated up just before Ocado signed an agreement for its Smart Platform with Kroger Co., one of the biggest U.S. supermarket chains. "