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USITC rejects SK Innovation’s request for forensic inspection of LG Chem

Sept. 29, 2020 - 15:09 By Kim Byung-wook


In the latest development of an ongoing patent lawsuit SK Innovation filed against LG Chem a year ago in September 2019, the US International Trade Commission on Tuesday dismissed SK Innovation’s request for a forensic inspection of LG Chem for the alleged unauthorized export of SK Innovation data.

On Sept. 1, SK Innovation filed a motion asking for a forensic inspection of LG Chem. SK Innovation claimed that when LG Chem officials visited SK Innovation headquarters on July 20 to conduct a forensic inspection in search of destroyed documents inside SK Innovation’s system, they allegedly used a USB drive to transfer SK Innovation’s data and attempted to leave the building with the storage drive. LG Chem immediately denied SK Innovation’s allegation.

Although the USITC did not specify the reasons, it turned down SK Innovation’s motion.

“Having reviewed the pleadings and the arguments contained therein, SK Innovation’s motion is hereby denied,” the USITC said.

The decision came after the Office of Unfair Import Investigations -- an independent investigative body under the USITC -- recently submitted a written opinion to the USITC in favor of LG Chem.

In the written letter, the OUII said that SK Innovation’s patent for the 994 battery was based on LG Chem’s A7 battery cell and that SK Innovation had launched a companywide campaign to destroy documents related to its knowledge of LG Chem’s A7 battery cell technology even after the court issued an order to SK Innovation in March to find and submit any such documents in its possession. 

By Kim Byung-wook (kbw@heraldcorp.com)