AutoStore Technology AS v Ocado Group Plc [2021] EWHC 1614 (Pat)
The parties are engaged in patent litigation concerning AutoStore’s patents for automated warehousing technology. By this application, Ocado sought an interim injunction to restrain AutoStore from disclosing certain information to the US International Trade Commission.
HHJ Hacon, sitting as a Judge of the High Court, refused to grant the interim relief sought.
The case is of particular interest because the Judge applied the threshold test applicable in anti-suit injunction cases, namely that of “high probability of success”. The Judge held that test was appropriate because the effect of any injunction would be to prevent the US ITC Judge from ruling on the admissibility of evidence in proceedings before it.
Kathryn Pickard appeared for AutoStore.