Final Ruling Slated for Nov. 30, 2021
As a final ruling on the electric vehicle battery disputes between LG Chem and SK Innovation is scheduled to come out in late November 2021, concerns have been raised over prolonged litigation between the two Korean companies. However, the schedule may change, and the two companies may settle their disputes out of court before the final ruling.
The U.S. International Trade Commission (ITC) has recently decided to make a final ruling on a patent suit filed by SK Innovation against LG Chem on Nov. 30, 2021. In the lawsuit, SK Innovation claims that LG Chem violated its patented battery technology.
Prior to the final verdict, a hearing will be held in March 2021to allow the litigants to make their own arguments and counterarguments. The ITC will present its initial determination on July 30, 2021. As initial determinations are upheld in 90 percent of the cases handled by the ITC, they are just as important as final determinations.
A total of three lawsuits are currently underway between LG Chem and SK Innovation at the U.S. ITC.
The first one was filed by LG Chem in April 2019, which claimed that SK Innovation stole its business secrets. Later in September, SK Innovation filed a lawsuit against LG Chem, claiming that LG Chem infringed on its patents on batteries such as pouches and modules. LG Chem responded by filing a countersuit against SK Innovation, claiming that SK Innovation infringed on LG Chem’s patents on separators and anode materials.
In the case of the lawsuit on trade secrets, a final determination is set for Dec. 10. A final ruling on the patent suit filed by LG Chem against SK Innovation is scheduled to come out on July 19, 2021, while a ruling on the patent suit filed by SK Innovation against LG Chem is slated for Nov. 30, 2021.
If the proceedings are carried out as scheduled, it will take more than a year from the present to make a final ruling on all lawsuits pending in the ITC.
If the two companies reach an agreement even before the final rulings, their legal battle will come to an end but if they drag it to the final rulings, both companies are expected to suffer significantly due to the prolonged lawsuits.
Meanwhile, LG Energy Solution (tentative name) will succeed LG Chem's battery lawsuit with SK Innovation as LG Energy Solution will be split off from LG Chem in December.