AutoStore Holdings Ltd. - Administrative Law Judge Issues Initial Determination in AutoStore's International Trade Commission Patent Case Against Ocado

Nedre Vats, 14 December 2021. On 13 December 2021, the Chief Administrative Law Judge, Charles Bullock, of the International Trade Commission ("ITC") in Washington, D.C. issued an initial determination in connection with the action AutoStore Holdings Ltd. ("AutoStore: or the "Company", OSE ticker code "AUTO") brought in October 2020 against Ocado Group plc and certain of its affiliates ("Ocado"). This initial determination recommends to the full Commission that Ocado may continue to import the Ocado Smart Platform ("OSP") into the U.S, maintaining the status quo. Today's decision has no impact on AutoStore's ability to sell its product in the U.S. or globally.

The initial determination found that certain of AutoStore's patents were invalid based on a narrow legal issue. AutoStore intends to challenge the non-final decision before the full Commission, which will review the findings and is expected to issue a final determination in April 2022. 

"This initial determination, even if confirmed by the full Commission, would not change our ability to conduct our business in the U.S. or globally," said Karl Johan Lier, Chief Executive Officer of AutoStore. "The issues on which the Administrative Law Judge reached his preliminary finding on validity contradict the determination of the U.S. Patent and Trademark Office, which refused to invalidate the patents at issue in this case. We will raise these issues with the full Commission, and we will continue to defend our intellectual property not only in the ITC but also in all other relevant venues." 

The initial determination found that Ocado's OSP infringes on three of AutoStore's patents. The Judge also rejected Ocado's assertion that the patents are unenforceable due to inequitable conduct or equitable estoppel.

AutoStore believes strongly in its litigation positions and will continue to pursue them. AutoStore also continues to believe that each of the claims and counterclaims raised by Ocado is without merit and intends to vigorously defend against those claims. The outcome of legal proceedings is subject to uncertainty and can be extremely difficult to predict, and AutoStore offers no assurances in this regard. 

DISCLOSURE REGULATION 

This information is considered to be inside information pursuant to the EU Market Abuse Regulation, and is subject to the disclosure requirements pursuant to section 5-12 of the Norwegian Securities Trading Act. 

The stock exchange announcement was published by the contact person, at the date and time set out above. 

CONTACTS

* Bent M. Skisaker, Chief Financial Officer, [phone], [e-mail]

For further queries, please contact:

AutoStore Investor Relations:

Bent M. Skisaker, Chief Financial Officer

[phone]

[e-mail]

AutoStore Norwegian media:

Geir Bjørlo

[phone]

[e-mail]

AutoStore International media:

Emma Schultz (USA) 

[phone]

[e-mail]

Tim Danaher (UK)

[phone]

[e-mail]

About AutoStore

AutoStore is an innovative robotic and software technology company, and a pioneer of cubic storage automation. The group operates in the rapidly growing warehouse automation industry, and in the even faster growing cube storage segment. AutoStore develops warehouse solutions for the future and helps its customers to enable space saving and increase performance, while reducing labor and energy costs. For more information about AutoStore, see www.autostoresystem.com.

Forward looking statements

This announcement includes forward-looking statements which include statements regarding the Company's business strategy, financial condition, profitability, results of operations and market data, as well as other statements that are not historical facts. Words such as "believe," "anticipate," "plan," "expect," "target," "estimate," "project," "predict," "forecast," "guideline," "should," "aim," "continue," "could," "guidance," "may," "potential," "will," as well as similar expressions and the negative of such expressions are intended to identify forward-looking statements, but are not the exclusive means of identifying these statements. By their nature, forward-looking statements are subject to numerous factors, risks and uncertainties that could cause actual outcomes and results to be materially different from those projected. Readers are cautioned not to place undue reliance on these forward-looking statements. Except for any ongoing obligation to disclose material information as required by the applicable law, the Company does not have any intention or obligation to publicly update or revise any forward-looking statements after it distributes this announcement, whether to reflect any future events or circumstances or otherwise.

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