US ITC rejects SK Innovation’s claim that lawsuit is invalid

Same as Seoul court's decision

2020-11-10     Stan Lee
Image:

The US’s International Trade Commission (ITC) has rejected SK Innovation’s claim that the lawsuit filed by LG Chem over electric vehicle battery technology theft is invalid.

Back in August, the Central District Court in Seoul had also rejected the same claim made by SK Innovation.

SK Innovation has claimed patents in question in the lawsuit at ITC falls under its agreement with LG Chem that prevents the pair from filing lawsuits over them. 

But ITC has accepted LG Chem’s claim that the pair only agreed to not file lawsuits over the Korean patent 775310 and the patents in question at their lawsuit in the US doesn’t fall under them.

On October, 2014, SK Innovation and LG Chem agreed to end their lawsuits over battery separators and agreed not to file lawsuit between each other for 10 years.

SK Innovation had used this agreement for counter suits against LG Chem at the ITC and courts in South Korea.

But the Seoul Central District Court rejected SK’s claim in August __ the company has since appealed.

ITC is expected to make a final judgment on December 11 over the tech theft lawsuit.

The commission will make its judgment on LG Chem’s patent lawsuit against SK Innovation on July 19, 2021. The judgment over SK Innovation’s patent lawsuit against LG Chem will be out on November 30, 2021.