On Mar.31 (local time) the U.S. International Trade Commission (ITC) made a preliminary decision that SK Innovation did not infringe the patent in relation to the battery separator filed by LG Energy Solutions.
This announcement was made as ITC's preliminary decision in the case of LG Energy Solutions that filed a lawsuit to ITC in September 2019, claiming that SK Innovation infringed on 4 patents, including 3 U.S. patents and 1 patent for cathode materials. The lawsuit will be finalized through the final decision process of the ITC committee on Aug. 2.
ITC recognized the validity of the SRS 517 patent related to the separation membrane coating, but decided that the patent did not satisfy the DI (US industry) requirements, and that SK did not infringe the patent. For the other three patents (152*241*877), it was determined that the patents were not valid.
LG Energy Solutions said Thursday, "It is unfortunate, but we respect this decision," and added, "We plan to clarify the details so that patent infringement and validity can be recognized according to the remaining litigation procedures."
LG Energy Solutions commented on SRS patent related to the separation membrane coating, "We are going to be able to prove the infringement as long as the validity of 517 patent, which is the core patent, is recognized." Regarding the SRS152 patent and the cathode material patent, they said, "The infringement has been acknowledged, but we plan to prove the validity of the patent that was judged to be invalid."
LG Energy Solutions said, "In the case of a cathode material patent, both validity and infringement are recognized in a specific claim (paragraph 18), so we will actively state this."
In particular, LG Energy Solutions said, "SRS technology is a technology that improves thermal and mechcal strength by forming a ceramic structure on the membrane material, and prevents internal short circuits, thereby reinforcing battery stability without deteriorating performance. We have about 800 patents related to SRS technology in Korea, USA, Europe, China, Japan etc., and we have earned more than 100 billion won in licensing contracts with global material compes, and are still receiving technology fees."
SK Innovation said, "We welcome ITC's decision and we are confident that even if LG disagrees with this decision, we are sure will be able to sufficiently defend ourselves."
SK Innovation added, "We have been developing excellent battery technology for a long time, and we expected ITC to make a decision proving non-infringement. This preliminary decision recognized SK Innovation's own technology."
SK Innovation believes that this preliminary decision has great significance in the recognition of the uniqueness of SK battery technology. (/Global Economic)
( With inputs from ANI )
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