EV Battery Patent Infringement Lawsuits – LG Chem vs. SK Innovation

Two Korean companies, LG Chem and SK Innovation are major suppliers for EV batteries to top 10 global car makers including GM, VW, Renault, etc. In 2012, LG Chem filed a patent infringement lawsuit against SK Innovation at the Seoul Central District Court. The court for the first instance trial held last Friday that LG’s patent was not infringed by SK Innovation.

The patent in issue is directed to the inorganic material-coated separator that is a key part of large rechargeable batteries for EV battery. The court held that SK Innovation’s inorganic material-coated separator has a different structure from the porous structure of the active layer coating the separator of LG Chem’s patented invention.

On the other hand, under the bifurcated system in Korean patent law, SK Innovation challenged the validity of LG Chem’s patent and was successful in invalidity proceedings at the IPT of KIPO and further at the Patent Court. However, the Supreme Court revoked the lower court decision of invalidity and returned the case to the Patent Court. The invalidity case is pending at the Patent Court.

LG Chem announced to appeal the first instance court decision to the Seoul High Court immediately after they received the losing decision.