United Kingdom Intellectual Property Office Decisions
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URL: http://www.bailii.org/uk/cases/UKIntelP/2022/o34822.html
Cite as: [2022] UKIntelP o34822
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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 decisionO/348/22 
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