SK Innovation's US Patent Lawsuit Against LG Chem Finalized Only After One Year

Newly Established LG Chem Spin-off Company Assumes Litigation Rights

[Asia Economy Reporter Park So-yeon] The final hearing date for the patent infringement lawsuit filed by SK Innovation against LG Chem at the U.S. International Trade Commission (ITC) has been set for November 30 next year.

This lawsuit is expected to be succeeded by the newly established battery business division spin-off company, "LG Energy Solution" (tentative name), which will separate from LG Chem on the 1st of next month.

According to industry sources on the 5th, the ITC recently scheduled the final ruling date for the patent lawsuit filed by SK Innovation against LG Chem, claiming infringement of its battery patent technology (Patent 994), for November 30 next year.

The hearing dates, during which the parties to the ITC lawsuit will present their claims and counterarguments, will be held over five days from March 15 to 19 next year.

The ITC administrative law judge's preliminary determination, which precedes the commission's final ruling, is scheduled for July 30 next year. In patent lawsuits, about 90% of the ITC administrative law judge's preliminary determinations are upheld in the ITC commission's final decisions.

Earlier, in April last year, LG Chem first filed lawsuits with the ITC and the U.S. District Court for Delaware, alleging that SK Innovation had poached its core battery personnel and infringed on trade secrets.

In September of the same year, SK Innovation filed a patent lawsuit with the ITC, claiming that LG Chem was selling battery products infringing on its Patent 994 in the U.S., and LG Chem in turn filed an additional lawsuit with the ITC, alleging that SK Innovation infringed its patents.

The ITC is scheduled to issue a final ruling on the trade secret infringement lawsuit initially filed by LG Chem on the 10th of next month. In February this year, the ITC issued a preliminary determination of early loss against SK Innovation.

The patent lawsuit filed by SK Innovation against LG Chem is expected to have a final ruling on November 30 next year, while the patent lawsuit filed by LG Chem against SK Innovation is expected to have a final ruling on July 19 next year.

Following the spin-off of LG Chem's battery business division, the battery technology trade secret and patent lawsuits in which LG Chem has participated as a party are expected to be succeeded by "LG Energy Solution" (tentative name), which will launch on the 1st of next month.

According to the division plan approval agenda passed at the recent LG Chem extraordinary shareholders' meeting, all lawsuits related to LG Chem's battery business division will, in principle, belong to the independent newly established company.

Accordingly, if LG loses the current ITC lawsuit, the resulting burden will also fall on the new company.

An LG Chem official explained, "It is the principle that lawsuits related to the battery business, including those at the ITC, will be succeeded by the new company after the spin-off," adding, "We are reviewing the details to ensure there are no conflicts with legal issues in the U.S. local jurisdiction."

This content was produced with the assistance of AI translation services.