Ocado’s ongoing legal battle with US rival AutoStore has been put on hold by Munich District Court, over questions being raised over the action.
The German court suspended proceedings brought by the online grocer for an order to block the sale of AutoStore’s B1 robot in Germany, amid concerns about Ocado’s intellectual property rights.
As a result, the court considered that, despite Ocado having made “significant last-minute amendments” to the claims for its utility models, they are likely to be invalid.
This is because the claims are seeking to cover more than had been disclosed in the application for the utility models as originally filed, the court said.
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It also told Ocado it is trying to make a claim over technology it did not invent.
Action was brought against AutoStore in Germany by Ocado, with the latter filing its own claim of patent infringement in 2020.
An infringement action launched in October 2020 in the UK is currently before the High Court.
Last month a US court dismissed AutoStore’s attempts to claim patent infringement by Ocado in the country.
Both companies produce robots used in warehouses to pick produce for online shopping.
Described as “technological breakthroughs”, the innovations are expected to “reaffirm OSP as the fastest, most flexible, most sustainable and most cost-effective suite of solutions for operating online grocery”.