LG Chem-SK Innovation, Early Loss Ruling in US Battery Litigation
[Asia Economy Reporter Park So-yeon] Regarding the trade secret infringement lawsuit between LG Chem and SK Innovation over secondary batteries, the U.S. International Trade Commission (ITC) issued a 'Default Judgment' against SK Innovation on the 14th (local time).
LG Chem interpreted this ruling as the ITC imposing legal sanctions on SK Innovation for malicious and extensive evidence destruction and contempt of court, including violations of forensic orders, during the pre- and post-litigation process of the trade secret infringement lawsuit. Without any further fact-finding or evidence investigation, the ITC recognized LG Chem's claims and issued an 'Initial Determination.'
Accordingly, the procedures such as the originally scheduled 'Hearing' in early March were bypassed, leaving only the ITC Commission's 'Final Determination' by October 5.
LG Chem claimed in this trial that SK Innovation instructed the deletion of related materials that could serve as evidence for this lawsuit via email the day after LG Chem filed the trade secret infringement lawsuit on April 29 last year, and prior to that, destroyed evidence of 34,000 files and emails shortly after LG Chem sent a certified warning letter on April 8 last year.
Additionally, LG Chem mentioned that SK Innovation committed contempt of court by conducting forensic analysis on only one of the 75 Excel sheets that were supposed to be forensically examined according to the ITC's order, while secretly conducting its own forensic analysis on the remaining 74 Excel sheets.
In response, LG Chem requested the ITC for a 'Default Judgment against SK Innovation' on November 5 last year.
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LG Chem stated, "We deeply regret SK Innovation's actions that obstructed a fair trial to the extent that a default judgment was issued. As our claims have been fully recognized as a legal sanction against SK Innovation, we will actively and sincerely engage in the remaining litigation procedures until the end."
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