SK Innovation "US Patent Trial Dismissal Is a Simple Procedural Issue... LG Distorts Facts"

[Asia Economy Reporter Park So-yeon] On the 15th, SK Innovation claimed that the dismissal of the trial it filed with the US Patent Trial and Appeal Board (PTAB) arguing that LG Energy Solution's battery-related patents are invalid is merely a procedural issue and accused LG Energy Solution of misleading public opinion.

This is a rebuttal to LG Energy Solution's announcement the previous day that all eight patent invalidation trials filed by SK Innovation against it at the PTAB last year were dismissed between the end of last year and recently.

LG Energy Solution stated that one patent trial it filed is ongoing, asserting that "SK Innovation has not even begun to contest, and it seems their patent litigation strategy will be impacted."

On the same day, SK Innovation issued a rebuttal press release, clarifying that the PTAB's dismissal of the patent invalidation trials it filed was solely due to an overall policy change at the US Patent and Trademark Office (USPTO).

The two companies are engaged in trade secret infringement and patent lawsuits at the US International Trade Commission (ITC), and the PTAB's patent invalidation trials stemmed from the patent litigation process.

SK Innovation explained, "Since early last year, the PTAB has started dismissing patent invalidation trials on the grounds of procedural duplication if it judges that the ITC or federal court litigation results will be issued first."

SK Innovation added that the USPTO Director announced this policy encouragement in September last year, and since then, all patent invalidation trials for patents pending in ITC litigation have been dismissed.

SK Innovation further stated, "LG Energy Solution is presenting the results of the USPTO's policy change as if it has received a legally favorable judgment, which is a self-serving distortion and misleading of public opinion."

SK Innovation also claimed that the PTAB decided to dismiss six out of the eight trials it filed but judged that "SK presented reasonable invalidity grounds," and particularly for the specific '517 patent,' SK Innovation asserted it provided "strong invalidity evidence."

Regarding the PTAB's dismissal of patent trials due to procedural duplication, SK Innovation said, "There are criticisms within the US that this is an abuse of authority lacking legal basis, and companies like Apple and Google are already contesting this unfairness," adding, "We have been prepared for the possibility of dismissal due to policy changes."

Furthermore, concerning the one patent trial filed by LG Energy Solution that the PTAB accepted and is proceeding with, SK Innovation pointed out, "That patent case is only proceeding in federal court, not the ITC, and the federal court litigation itself has been suspended due to the PTAB's initiation of the trial," implying it holds little significance in the overall dispute between the two companies.

SK Innovation stated, "LG Energy Solution is well aware of these procedural differences but is distorting the acceptance of its patent trial as if it has gained an advantage in the patent dispute, which is a typical distortion of public opinion."

They added, "On the contrary, we believe this will have a positive impact on the ITC patent litigation, and we will continue to engage in the process fairly and squarely."

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