The Result of the LG-SK Battery Lawsuit Second Round Will Be Announced Next Week
Preliminary Ruling on ITC Patent Lawsuit Announced on the 19th (Local Time)
[Asia Economy Reporter Hwang Yoon-joo] The first ruling on the battery patent infringement case filed by LG Energy Solution against SK Innovation at the U.S. International Trade Commission (ITC) is expected to be announced soon.
According to industry sources on the 14th, the ITC is scheduled to issue an "Initial Determination" on the 19th (local time) regarding LG Energy Solution's claim that SK Innovation infringed on battery-related patents. The Initial Determination is a preliminary judgment made by an ITC administrative law judge investigating patent or trade secret infringement cases. It is known that about 90% of Initial Determinations in patent infringement cases are upheld in the ITC's final decision.
Previously, LG Energy Solution (then LG Chem) requested the ITC in September 2019 to take action against SK Innovation for infringing four U.S. patents, including three related to separators and one related to cathode materials. LG requested the ITC to impose a complete ban on the import of SK Innovation’s battery cells, modules, packs, materials, and components that infringe these patents into the U.S., and also filed a damages lawsuit at the Delaware Federal District Court.
The patent infringement case between the two companies at the ITC originated from the battery trade secret infringement case, which was finally concluded last month with LG’s victory.
In April 2019, LG Energy Solution requested an ITC investigation, claiming that SK Innovation had poached its personnel with concerns over core technology leakage. In response, SK Innovation requested sanctions from the ITC in September of the same year, alleging that LG infringed on its battery patents, and LG countered by requesting an ITC investigation into SK’s patent infringement.
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Although LG’s patent infringement case was filed later, the investigation process for SK’s patent infringement case was delayed, resulting in LG’s case receiving an Initial Determination first. Since the patent infringement case stemmed from the trade secret infringement case, it is widely believed that if the two companies reach a settlement on the trade secret infringement matter, the patent-related case will likely be withdrawn together.
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