LG, SK battery patent preliminary ruling delayed by U.S. ITC

LG Energy Solution Ltd. and SK Innovation are in the middle of a legal battle concerning battery patents. Their cases are being handled by the U.S. International Trade Commission, and while some decisions were already announced weeks ago, there is still a preliminary finding coming up.

Last-minute announcement of the ruling delay

The ruling was scheduled this month, but The Korea Herald reported the date had been moved. The outlet stated on Friday, March 19, that the preliminary decision on the battery patent infringement lawsuit between LG Energy and SK Innovation was delayed and rescheduled for next month.

Originally, the US ITC was supposed to hand down the initial ruling on March 19 (U.S. time), but rather than the decision, an announcement to postpone was relayed to the companies concerned. The new date has been set to April 2, which means a 2-week delay. In a statement, the agency said it just needs more time to make a decision.

"Additional time will be needed to complete the initial determination, which will require an extension of the target date," the ITC stated on Thursday, March 18.

The legal battle between LG and SK started in 2019 when the former filed a trade secret case against the latter. The South Korean companies’ conflict continued to this day, with both sides filing additional multiple patent charges against each other.

SK banned from importing batteries

Korea Joongang Daily previously reported that LG alleged that SKI misappropriated trade secrets on EV batteries by hiring the firm’s former employees, which SKI denied. LG Chem Ltd., which owns LG Energy, then filed a patent infringement lawsuit in September 2019.

LG stated that SKI violated four U.S. patents related to its lithium-ion battery technology for EV cars. In its countersuit, SK also accused its rival of infringing its electric vehicle battery patents.

In February, LG’s first win in the dispute was established when the U.S. ITC ruled in its favor by banning SK from importing batteries and components for 10 years. While there is a ban, the commission allowed SK to supply components to Ford, Kia, and Volkswagen in the U.S. This is a temporary permit to give the carmakers time to find new suppliers.