US ITC Reconsiders Early Ruling Against SK Innovation for 'Trade Secret Infringement'

[Asia Economy Reporter Eunbyeol Kim] The U.S. International Trade Commission (ITC) has accepted SK Innovation's request for a review of its battery lawsuit.

On the 17th (local time), the ITC announced that it will review the 'default judgment' against SK Innovation in the trade secret infringement lawsuit filed by LG Chem.

Previously, on February 14, the ITC decided on a default judgment, citing clear evidence destruction by SK Innovation. In response, SK Innovation requested a 'review of the preliminary determination' from the ITC on the 3rd of last month. The ITC's review is a standard procedure, and from 2010 to 2018, all requests for review of preliminary determinations by litigants were processed. However, there has never been a case where the preliminary determination was overturned after review.

The ITC plans to issue a final ruling in early October, deciding on violations of Section 337 of the U.S. Tariff Act, remedies, and bond amounts. Depending on the final ruling, import bans may be imposed on some of SK Innovation's battery-related parts and equipment.

Industry insiders expect that LG Chem and SK Innovation will conclude the matter through negotiations on monetary compensation, independently of the other lawsuits, reaching a settlement.

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