Law360 published an article by Hailey Konnath titled, “ITC Upholds LG’s Win In $1B Trade Secrets Battle with SK,” 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.
As the article discusses, the ITC affirmed an earlier finding of violation of Section 337 based on default by Respondents SK Innovation Co., Ltd. and SK Battery America, Inc. (collectively, “SK”) and issued a limited exclusion order barring importation of SK’s lithium ion batteries, battery cells, modules, and packs, and components of such battery products into the United States. The ITC also issued cease-and-desist orders against both SK Respondents. The article notes that the ITC’s orders permit SK to import components for domestic production of lithium battery products for specific Ford and Volkswagen electric vehicles for four and two years, respectively.
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, and Lauren E. Peterson and associates Joshua W. Rodriguez, Hayley Ostrin, Catherine S. Gault, and Juan J. Garcia.
The Law360 article can be found here.