Patent decision

BL number

O/348/22

Concerning rights in

EP3795501

Hearing Officer

Mr P Thorpe

Decision date

27 April 2022

Person(s) or Company(s) involved

AutoStore Technology AS and Ocado Innovation Limited

Provisions discussed

Patents Act Sections 12 and 13

Keywords

Costs, Entitlement

Related Decisions

None

Summary

AutoStore launched entitlement proceeding in respect of EP3795501 in the name of Ocado. Ocado sought summary judgement/strike out on the basis that the claim had no reasonable prospect of success. Prior to a hearing to consider striking out, AutoStore withdrew the reference. Ocado then sought a cost award off the published scale. The Hearing Officer following the guidance on costs in prior cases concluded that an off-scale cost was justified and made an award of £47000 in favour of Ocado.

Full decision O/348/22 552Kb