LG-SK battery dispute 2nd round… ITC, preliminary decision on the 19th

LG claims’patent infringement’ and sues… Derived from infringement of trade secrets

The first judgment on the battery patent infringement case that LG Energy Solutions filed with the International Trade Commission (ITC) against SK Innovation is scheduled to come out this week. It is predicted that if LG Energy Solutions wins the trade secret infringement case and is judged advantageously in the patent infringement case, it can solidify its victory in the battery dispute that has continued since 2019.

According to the industry on the 14th, ITC will make a’preliminary decision’ on the claims of LG Energy Solutions that SK Innovation infringed on battery-related patents on the 19th (local time).

The preliminary decision is a preliminary decision made by the ITC administrative judge who investigated the case of infringement of patent rights or trade secrets, and the committee makes a final decision based on this preliminary decision.

The ITC Administrative Judge’s preliminary decision in many cases leads to a final committee decision. In patent infringement cases, it is known that about 90% of the preliminary decisions were maintained in the final ITC decision.

Earlier, LG Energy Solutions (at the time, LG Chem) requested ITC to take relevant measures in September 2019, claiming that SK Innovation infringed 4 cases, including 3 US patents related to its separator and 1 US patent for cathode materials.

LG requested ITC to ban all imports of SK Innovation’s battery cells, modules, packs, materials, and parts from the United States, which infringed on the patent, and filed a lawsuit for damages in the Federal District Court of Delaware.

The two companies did not comment on this case except for the principled position of “I will be faithful to the lawsuit”.

The patent infringement case between the two companies at ITC was derived from the case of infringement of battery trade secrets, which was finally concluded with LG’s victory last month. Reporter Kim Ji-eun

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