Law360 published an article by Alex Lawson titled, “Korean Battery Cos. Avert Import Ban With $1.8B Settlement,” that addresses Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Production and Testing Systems and Processes Therefor (337-TA-1159), a Section 337 investigation before the International Trade Commission (“ITC”) concerning trade secret misappropriation. Adduci Mastriani & Schaumberg LLP (“AMS”), along with Latham & Watkins LLP and Dentons USA LLP, represented Complainants LG Energy Solution, Ltd. and LG Energy Solution Michigan, Inc (“LG”).
The $1.8 billion settlement paid by South Korean battery maker SK Innovation (“SKI”) to LG will effectively:
- Settle the dispute between SKI and LG
- Evade a 10-year U.S. import ban that would have set back the Biden administration’s electric vehicle push
- Allow SKI to continue its plans to expand its manufacturing base in Georgia
- Prevent new lawsuits between SKI and LG for the next 10 years
Section 337 investigations before the ITC continue to provide powerful tools for protecting intellectual property in the United States. As part of the team representing LG Energy Solution, the AMS team was responsible for supervising the computer forensics which exposed the extensive destruction of evidence by the respondents, which led to the default ruling by the ALJ, and contributed specialized knowledge and expertise concerning all aspects of trade secret misappropriation, as well as domestic industry, injury to that industry, and remedy and public interest issues. AMS attorneys who represented LG Energy Solution in this matter include partners Louis S. Mastriani, Deanna Tanner Okun, Jonathan J. Engler, Asha Allam, Joshua Hartman, Lauren E. Peterson, and associates Joshua W. Rodriguez, Hayley Ostrin, Catherine S. Gault, and Juan J. Garcia.
To read the full Law360 article, which includes quotes from SKI and LG CEO’s and President Biden, click here.