Litigation between LG Chem and SK Innovation Expected to Continue

The litigation between LG Chem and SK Innovation surrounding a battery separator membrane patent appears to be protracted. Neither side intends to compromise, in that the patent is a key technology for their battery business. 

The appeal against the patent invalidation decision was filed by LG Chem. Last month, the Supreme Court overturned the appellate judgment to have the case reviewed after LG Chem readjusted the scope of the patent in question, applied a trial for correction with the Korean Intellectual Property Tribunal, and received a new decision in September. SK Innovation had won both of the first and second trials since 2011 for the reason of little difference from prior art. The Supreme Court explained that the original verdict had been based on the patent before the modification by LG Chem, and there was a grounds for a retrial. 

Both of the companies are showing no signs of backing down, since the patent will determine the success ot failure of their business. LG Chem is dominating the global middle to large-size electric vehicle battery market based on the excellent safety of its separation membrane coating technology, and SK Innovation is the only separation membrane manufacturer in Korea, though it started later than LG Chem. 

Filed back in 2005, the patent in question relates to a safety reinforced separator (SRS) and is characterized by enhancing the safety of the separation membrane by means of an inorganic material coating. The company had a patent registered in the United States in 2010 and in China last year, ahead of Japanese companies.