Statement on Ouster’s Ongoing Enforcement of its Patents Against Hesai
August 28 2023 - 9:00AM
Business Wire
Ouster, Inc. (NYSE: OUST) (“Ouster” or the “Company”), a leading
provider of high-performance lidar sensors, issued the following
statement today relating to the Company’s complaint filed with the
U.S International Trade Commission (“ITC”) and the investigation
into the unfair trade practices of Hesai Group (Nasdaq: HSAI) and
related entities (ITC Investigation):
The presiding Administrative Law Judge (ALJ) recommended,
following a motion by Hesai, that the investigation be terminated
to allow arbitrators time to decide whether Ouster is required to
arbitrate based on a prior Settlement Agreement between Velodyne
and Hesai entered in 2020, before Ouster and Velodyne merged in
February 2023. The initial determination is not a decision on the
merits of Ouster’s ongoing patent infringement case against
Hesai.
The motion is the latest attempt by Hesai to avoid a ruling
regarding whether its imported lidar products infringe Ouster’s
intellectual property rights and part of a larger pattern of delay,
including invoking the Chinese Data Security Law during
discovery.
Ouster invented digital lidar technology following an
engineering breakthrough and holds one of the largest patent
families in the lidar industry. Ouster's complaint sets forth how,
after the market shifted toward Ouster’s digital lidar, Hesai stole
Ouster’s revolutionary patented technologies and incorporated them
into Hesai’s competing products.
Ouster previously filed a patent infringement action in the
United States District Court for the District of Delaware. That
case is stayed pending the ITC investigation. Should the ITC
investigation be terminated, the mandatory stay in the District
Court of Delaware will be lifted and the patent infringement case
will commence.
Ouster welcomes that the investigation will now be reviewed by
the ITC Commissioners. The company will continue to vigorously
enforce its patents and seeks to bar all infringing products from
the United States.
Forward-Looking
Statements
This press release contains forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of
1995. The Company intends such forward-looking statements to be
covered by the safe harbor provisions for forward-looking
statements contained in Section 27A of the Securities Act of 1933,
as amended and Section 21E of the Securities Exchange Act of 1934,
as amended. Such statements are based upon current plans, estimates
and expectations of management that are subject to various risks
and uncertainties that could cause actual results to differ
materially from such statements. The inclusion of forward-looking
statements should not be regarded as a representation that such
plans, estimates and expectations will be achieved. Words such as
“anticipate,” “expect,” “project,” “intend,” “believe,” “may,”
“will,” “should,” “plan,” “could,” “may,” “continue,” “target,”
“contemplate,” “estimate,” “forecast,” “guidance,” “predict,”
“possible,” “potential,” “pursue,” “likely,” and the negative of
these terms and similar expressions are intended to identify
forward-looking statements, though not all forward-looking
statements use these words or expressions. All statements, other
than historical facts, including statements regarding Ouster’s
expectations regarding the ITC investigation as well as Ouster’s
ongoing litigation strategy. All forward-looking statements are
subject to risks and uncertainties that may cause actual results to
differ materially from those that we expected, including, but not
limited to, risks related to Ouster’s ability to adequately protect
and enforce its intellectual property rights, including as relates
to Hesai Group; and other important factors discussed in the
Company’s Annual Report on Form 10-K for the year ended December
31, 2022, that are further updated from time to time in the
Company’s other filings with the SEC. Readers are urged to consider
these factors carefully and in the totality of the circumstances
when evaluating these forward-looking statements, and not to place
undue reliance on any of them. Any such forward-looking statements
represent management’s reasonable estimates and beliefs as of the
date of this press release. While Ouster may elect to update such
forward-looking statements at some point in the future, it
disclaims any obligation to do so, other than as may be required by
law, even if subsequent events cause its views to change.
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