SK "Seizing the Advantage in Patent Litigation"... LG "Stop Self-Serving Interpretations and Defamation" (Comprehensive)

[Asia Economy Reporters Choi Dae-yeol and Hwang Yoon-joo] SK Innovation and LG Energy Solution, who are in conflict over electric vehicle battery trade secrets and patents, engaged in another verbal dispute. Recently, SK praised the preliminary decision of the U.S. International Trade Commission (ITC) patent lawsuit as a "victory after 10 years," while LG responded by calling it a "self-serving interpretation."

On the 6th, SK Innovation issued a press release stating that both domestic and international lawsuits related to the separator patent lawsuit with LG Energy Solution are concluding in their favor after about 10 years. The separator patent lawsuit was first filed by LG Energy Solution in 2011, and SK Innovation won in 2013. At that time, both parties agreed not to litigate the same issue domestically or internationally for the next 10 years.

However, in 2019, during the trade secret infringement lawsuit at the U.S. ITC, both companies additionally filed patent infringement claims. Recently, the ITC issued preliminary decisions on four patent infringement lawsuits filed by LG Energy Solution, invalidating three and finding no infringement in one. Typically, preliminary decisions lead to final rulings.

SK Innovation evaluated the favorable preliminary decision by stating, "It has been recognized that SK's technology is independent and different from LG's patents." Earlier in February, the ITC ruled in favor of LG on trade secret infringement, but SK argued that the conclusion was reached without substantive verification of the technology, citing document deletions, and claimed that a proper verification might have led to a different outcome.

Im Soo-gil, head of SK Innovation's Value Creation Center, said, "The separator patent lawsuit has been ongoing for 10 years from Korea to the U.S., and the company's consistent position is to respond strictly and thoroughly until the abnormal situation is normalized, no matter how long it takes."

Shortly after the release of the materials, LG issued a statement saying, "It is very regrettable that SK Innovation, reflecting the urgency and anxiety of the matter, indiscriminately released arbitrary and crude materials." According to the ITC's final ruling on trade secret infringement, SK will be unable to export battery products and parts to the U.S. as early as this month. The ITC decision will take effect after the presidential review period scheduled until the 11th. SK executives are personally visiting the U.S. to meet with local political and business figures to request a presidential veto, while a public opinion campaign is also underway domestically.

LG Energy Solution criticized, "Although the patent lawsuit is at the preliminary decision stage, SK expressed it as if it had ended in victory and interpreted the ruling content in a self-serving manner," adding, "SK's repeated unreasonable claims over the past two years are rather obstructive."

LG also viewed SK's contradictory stance on the ITC ruling as a mistake. LG said, "SK Innovation continues crude and extreme 'flip-flopping' even toward the U.S. ITC, the adjudicating body," and criticized, "It is questionable whether this behavior is appropriate for the stature of a global company."

Furthermore, LG stated, "We clearly affirm that we are not trying to obstruct SK Innovation's business and have kept the door open for agreement, but focusing only on slandering the other party rather than resolving the lawsuit is undesirable," adding, "It is necessary to reflect on whether threatening to withdraw from the U.S. government, causing anxiety not only to automotive customers but also to numerous partners and employees, aligns with the ESG (Environmental, Social, and Governance) management that is increasingly important for global companies."

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