As reported earlier, the patent proprietor Ocado Innovation Limited (GB) filed an Infringement Action (ACT_459791/2023) against the Norwegian company AutoStore before the UPC – Nordic-Baltic Regional Division based on the European patent No. 3 653 540 B1 “STORAGE SYSTEMS AND METHODS FOR RETRIEVING UNITS FROM A STORAGE SYSTEM.” On 22 July 2023, the parties reached a settlement in their global patent dispute. This means that further litigation is avoided not only before the UPC, however also in Germany and the UK.
The patent relates to storage systems and methods for retrieving units, e.g. by a robotic system, from a storage system comprising a grid of stacked units.
On 27 July 2023, the opponent AutoStore Technology AS (NO) withdrew their opposition in the 1st stage opposition proceedings before the EPO relating to the patent in question. We do not expect that the EPO will continue the opposition proceedings on their own motion. Nevertheless, the EPO has not yet confirmed that the opposition proceedings are closed.
We will continue to monitor the EPO proceedings and revert with an update as soon as there is something new to report here.
Text: Joakim Wihlsson and Camilla Mörch
The European Patent Office