Ocado Wards Off ‘Atomic Bomb’ in Patent Suit Against AutoStore

AutoStore AS’s allegations that Ocado Innovation Ltd. obtained a patent on a robotic warehouse system through inequitable conduct are too vague to survive, a federal trial court held in part of a widespread dispute between the two rivals.

AutoStore argued one of the patents it’s being sued for infringing is invalid because Ocado’s representatives failed to disclose material information to the U.S. Patent and Trademark Office when prosecuting the application.

“Known as the ‘atomic bomb of patent law’ because, if proven, it renders entire patents unenforceable, the inequitable conduct defense has become a potent tool in a patent litigator’s toolbox,” ...