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The US International Trade Commission (ITC), which relinquished its hands to LG Energy Solutions in the lawsuit for infringing on trade secrets for electric vehicle batteries, clarified once again that SK Innovation infringed the trade secrets. It is explained that SK infringed 22 LG trade secrets in 11 fields and, through this, was able to operate the business more than 10 years ahead of its competitors, even though it was late in the battery market.
On the 4th (hereinafter local time), the ITC published an ‘LG Energy Solutions Commission Opinion and ITC Confidential Infringement Litigation by SK Innovation on its official website.
Prior to that, on the 10th of last month, ITC made a final decision on a U.S. production and import ban of some of SK Innovation’s lithium-ion battery cells, modules and packs during 10 years. The ITC cited the default judgment decided in February last year in its final judgment.
ITC explained that in a final judgment that spanned a total of 96 pages, it was clear that SK Innovation infringed on LG Energy Solutions’ trade secrets. At the same time, “trade secrets 2, 8, 31, 33, 60, 66, 80, 81, 84, 94, 95, 96, 97, 117, 119, 124, 138, 139, 144, 145, 146, 147 in violation of United States imports, sales for import and after import into the United States, in violation of Article 337 of the Customs Law, “he said.
Regarding the reason for citing the early loss decision, the ITC said: “The committee considered that the destruction of evidence by SK was at an extraordinary level.” It was carried out by the entire SK company (through SK). “He also said:” As a result of the review of SK’s arguments and taking into account the status of the investigation, it was judged that a lower level of sanctions laws against SK was not valid. “
ITC said: “Based on the investigation record, it was determined that SK was committed in flagrant bad faith with the excuse that the removal of documents and the removal of documents is common practice, and attempts to conceal the removal of documents “. The Bureau of Investigation) stated that there are grounds beyond the likelihood that the destroyed evidence was related to the (trade secret) infringement that SK wanted to cover up. I agree and acknowledge this OUII analysis. “
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It was also revealed why SK’s ban on the production and import of batteries in the United States was set in 10 years. ITC believes that SK would have struggled to develop its own products for 10 years without LG’s 22 trade secrets. ITC said: “LG has sufficiently demonstrated that SK infringed trade secrets and was able to stay more than 10 years ahead of other competitors.” “I agree with LG’s assertion that it would not have been possible to develop the information on the secret trade.”
ITC believes that Ford and Volkswagen, which are supplied with SK batteries, are also partially responsible. ITC said: “Not only are SK wrong, but there are also those who choose to continue to build future business relationships despite the infringement of SK’s trade secrets.”
