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[이데일리 경계영 기자] The U.S. Patent and Trademark Office’s Patent Tribunal (PTAB) dismissed all claims for invalidation of battery (secondary battery) patents filed by SK Innovation against LG Energy Solutions. On the other hand, as LG Energy Solutions accepts the patent invalidation trial claim, attention is focused on whether it will act as a variable even before the battery patent litigation in the US International Trade Commission (ITC).
SK Innovation insisted on “LG energy patent invalid”, but decided not to investigate PTAB
According to industry sources on the 14th, PTAB rejected the Institution Denied on two cases of IPR invalidation of battery SRS separator patents filed against LG Energy Solutions, a subsidiary of its battery, on the 12th (local time).
Following six cases (four battery cathode material patents) in November of last year, all eight patent invalidation trials filed by SK Innovation up to this two cases were dismissed. PTAB initiates an investigation only after it is recognized that at least one of the claims of the patent for which the request for invalidation is applied has’reasonable possibility that the claimant’s invalidity will be accepted’
In the case of PTAB, it is not possible to appeal the decision to initiate an investigation. SK Innovation can no longer dispute whether LG Energy Solutions’ patents related to separators and cathode materials are valid.
In contrast, PTAB decided to start an investigation at the end of September last year on one case of invalidation of a patent for a battery module filed by LG Energy Solutions against SK Innovation and entered into a patent validity examination. PTAB is expected to present the results of whether SK Innovation’s patents are valid in the second half of this year after submitting a preliminary response from the patent holder → deciding to commence the trial process → submitting responses from both sides → hearing → final decision by the jury.
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US ITC patent infringement lawsuit loses SK Ino pressure card
As PTAB decided to investigate the validity of the patent only for SK Innovation, not LG Energy Solution, SK Innovation lost the card to pressure LG Energy Solution in the ITC battery patent infringement lawsuit.
Earlier, in April of last year, the battery lawsuit, which originated from LG Chem’s lawsuit against SK Innovation, filed against SK Innovation by LG Chem in April of last year, spread to a battery patent infringement lawsuit against each other in September of the same year. This patent invalidation trial lays an extension of the patent infringement lawsuit between the two companies. Usually, when a patent infringement lawsuit was filed, an invalidation trial alleging that the patent had lost its meaning, such as being used for general purposes, followed. It is in the same context as when LG Chem filed a lawsuit against SK Innovation in infringement of the battery separator patent in a domestic court 10 years ago, SK Innovation responded to LG Chem with a trial for invalidating the patent.
On the contrary, the patent of SK Innovation, which PTAB conducted a validity investigation, is included in the lawsuit filed by SK Innovation against LG Energy Solution. In the future, it could influence the decision of the ITC or the federal court.
However, according to recent precedents, there were many cases where PTAB decided whether or not the patent was invalid only after the ITC’s ruling came out. Looking at the schedule of these litigations, ITC plans to make a preliminary decision on July 30th and final decision on November 30th on the battery patent infringement lawsuit filed by SK Innovation against LG Energy Solution.
An official at LG Energy Solutions said, “We have secured the industry’s largest number of battery-related patents of about 27,000 cases through investment over the past 30 years. As technological competitiveness is the most important in our business, we will firmly respond to any infringement of this I said.
An official from SK Innovation said, “It is one of the processes related to the battery patent infringement lawsuit,” and “I will faithfully work on the lawsuit until a final decision is made.”
Interested in the final ruling on trade secret infringement next month
Apart from these patent infringement cases, a final ruling on ITC’s lawsuit for infringing battery trade secrets is scheduled on the 10th of next month. Due to Corona 19, etc., it has already been postponed three times last year, October 5 → October 26 → December 10 → February 10 this year. There is a prospect that it will come out.
As the battery lawsuit for infringement of trade secrets was the starting point for a battery lawsuit between LG Energy Solutions and SK Innovation, this result is expected to serve as a watershed before the lawsuit.
However, the news of the agreement between the two companies has not yet been heard. The two sides left the possibility of an agreement open, but in the end, it was said that there was a large disagreement over the amount of compensation. Even if an agreement is reached, speculation is carefully raised that it will not be after the final ITC decision is made.