SK “It’s just a procedural problem…the key to mentioning’possibly invalid LG patent
LG “Excerpts from only a part of the truth mislead…
[서울=뉴스핌] Reporter Yoonae Lee = The battle between the two companies is intensifying over the dismissal of a battery-related patent invalidation trial that SK Innovation filed against LG Energy Solutions by the Patent Tribunal (PTAB) of the US Patent Office.
PTAB rejected two battery-related patents filed against LG Energy Solutions by SK Innovation on the 12th (local time). At the end of November last year, the decision to dismiss six cases was also dismissed, and all eight cases requested by SK Innovation were dismissed.
SK Innovation said in a statement on the 18th that the dismissal of its patent invalidation trial request was not a matter of content but was due to a policy change of the US Patent Office.
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| [서울=뉴스핌] Reporter Yoonae Lee = LG Energy Solution (left) and SK Innovation [사진=각사] 2021.01.18 [email protected] |
In the past, even if a patent invalidation trial was filed with the U.S. Patent Office during the U.S. International Trade Commission (ITC) litigation, most of the trials were initiated. It was also not accepted.
Lim Soo-gil, head of SK Innovation’s Value Creation Center, said, “The request for a patent invalidation trial is based on a judgment that the possibility of invalidation is very high after an objective analysis of the relevant patent of LG Energy Solutions.” He emphasized that the opinion that’the applicant presented a reasonable possibility of invalidation’ was clarified.
LG Energy Solutions also refuted SK Innovation’s claims through a statement on the day.
In relation to PTAB’s mention of’possibility of LG patent invalidation’ discussed by SK Innovation, “It is misleading as if it is true by extracting only some of the PTAB opinions.” “PTAB generally considers six requirements to decide whether to initiate an investigation. What the innovation is claiming is only one of these elements,” he pointed out. “If there was a high possibility of patent invalidation due to this part, PTAB would have initiated an investigation, but as a result, it was decided to dismiss.”
In addition, regarding PTAB’s policy to dismiss the initiation of an investigation, “the policy to dismiss duplicate requests was announced in November 2019,” he said. It is clear that all applications that could be judged invalid have been rejected and the opportunity has been lost.”