Domestic Patent Reference Entitled To Foreign Priority Date

On June 1, 2022, the Patent Trial and Appeal Board issued a Final Written Decision finding unpatentable three claims of AutoStore Technology AS's ("AutoStore's") U.S. Patent No. 10,294,025 ("the '025 patent"), while finding another claim not patentable. See Ocado Group PLC v. AutoStore Technology AS, IPR 2021-00274. In its Final Written Decision, the PTAB determined that a U.S. patent cited by Petitioner Ocado Group PLC ("Ocado") was prior art because it was entitled to a priority date preceding the '025 patent's priority date.

AutoStore's '025 patent is directed to a remotely operated vehicle assembly for picking up storage bins from a storage system in which the vehicle is able to change direction. Relevant to Ocado's petition for inter partes review, the '025 patent claims priority to a Norwegian application filed on June 19, 2014.