ITC delays LG and SK battery lawsuit final judgment

US International Trade Commission (ITC) has delayed its final judgment on the electric vehicle (EV) battery lawsuit between LG Chem and SK Innovation.

The commission was expected to make its judgment on October 5 but this has now been pushed back to October 26.

The ITC didn’t mention why it was postponing.

ITC has previously delayed six out of the total 15 cases related to trade secrets in the past ten years. 

LG Chem and SK Innovation are embroiled in three lawsuits at the ITC. The commission has already made a preliminary judgment on the LG Chem’s lawsuit filed against SK Innovation last year in April, siding with LG Chem. LG Chem has claimed SK Innovation stole its trade secret and is asking for an injunction.

However, LG Chem and SK Innovation are continuing their public battery over the separate patent lawsuit.

LG Chem recently revealed the opinion made by the Office of Unfair Import Investigations (OUII), which in under the ITC, which showed the office accepting the company’s claim that SK Innovation intentionally destroyed evidence.

SK Innovation rebuffed LG Chem’s claim saying OUII’s determination was made on October 11, the same day it has put in its claims to the office for review.

LG Chem also claimed that ITC’s forensic order which reviewed documents saved on computer and networks drives of SK Innovation showed that its rival has intentionally deleted emails with “LGC” __ which stands for LG Chem __ on them.

SK Innovation countered by saying LG Chem leaked its internal documents without permission. SK said LG secured the drives via USB that was unauthorized take out company data. SK has argued as such in its filings to the OUII, the company said. The OUII has ordered forensics investigations on the USB. 

LG Chem said it supports the latest forensics order and claimed it will prove that the company did nothing wrong.