ITC Section 337 Matters:

Trade Secrets - Represented complainants LG Chem, Ltd., LG Chem Inc., and LG Energy Solutions against respondents SK Battery America Inc., SK Battery Hungary Kft., and SK Innovation Co., Ltd. in a Section 337 action regarding misappropriation of trade secrets of certain lithium ion batteries, battery cells, battery modules, battery packs, components thereof, and processes therefor (ITC Inv. No. 337-TA-1159.)

• Prevailed at the ITC, which led to the client obtaining a $1.8 billion settlement paid by South Korean battery maker SK Innovation (“SKI”) to LG, which is the largest trade secret claim settlement in history This settlement 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, and prevent new lawsuits between SKI and LG for the next 10 years. As part of the team representing LG , 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. Heavily involved in the highly active Presidential review of the ITC remedial orders.

https://www.law360.com/articles/1257459/itc-grants-lg-chem-default-judgment-in-1b-car-battery-war

Represent Alarm.com as respondent in a patent-based Section 337 action regarding smart thermostats, load control switches, and components thereof (ITC Inv. No. 337-TA-1277). The ALJ’s initial determination issued on November 16, 2022 with a finding of No Violation, a significant victory for our client.

Provided legal and strategic advice in connection with a Section 337 complaint filed by Nike, Inc as complainant against adidas AG and Adidas North America, Inc. on footwear with knitted uppers (ITC Inv. No. 337-TA-1289). The parties entered into a favorable settlement in August 2022 with a substantial payment to Nike.

Represented complainant NOCO in a patent and trademark Section 337 action regarding portable lithium-ion battery jump starters (ITC Inv. No. 337-TA-1256.) The Commission issued a Limited Exclusion Order against respondents found to infringe NOCO’s Trademarks.  https://www.law360.com/articles/1366268/itc-to-probe-walmart-best-buy-over-jump-starter-imports

Represented Qualcomm Incorporated and Qualcomm Technologies, Inc. as respondent in a patent-based Section 337 action regarding integrated circuits (ITC Inv. No. 337-TA-1295.) The case settled without Qualcomm being forced to produce any significant documentation.

International Trade Matters:

Section 232 and Trade Policy - Provide comprehensive, strategic trade representation for the world’s second-largest stainless-steel producer. Successfully assisted client Outokumpu Stainless USA LLC in blocking competitor ATI’s requests for exclusion from Section 232 duties for its imports of Indonesian stainless steel made by Chinese steel titan Tsingshan. Also supported the client’s continued enforcement of previously attained antidumping duty (AD) and countervailing duty (CVD) orders imposing duties on certain stainless-steel imports through the Department of Commerce’s self-initiated circumvention inquiry of stainless steel sheet and strip from Vietnam and the upcoming sunset review of the AD and CVD orders on stainless steel sheet and strip from China. Read more here.

AD/CVD - Successfully defended Korea Petrochemical Ind. Co. (KPIC) against imposition of an antidumping duty order in the investigation of imports of ultra-high molecular weight polyethylene from Korea, convincing a unanimous ITC that KPIC’s imports were not causing injury to U.S. producers of the identified product. This is a rare win—more than 80% of all investigations result in a final affirmative injury determination, and even fewer are unanimous negative determinations.  This win was made possible in part by our procurement of a roughly 7.8% dumping duty margin on behalf of KPIC—a margin more than 10 times lower than that alleged by the petitioning U.S. producer, who continued to make capital expansions, gain market share, and show substantial profit throughout the period of investigation.  (Commerce Case No. A-580-907 and ITC Inv. No. 731-TA-1474)

AD/CVD and Section 232 - Successfully persuaded the Department of Commerce that section 232 tariffs on titanium sponge would harm titanium mill product producers and would not benefit the domestic industry, in accord with the ITC’s determination of the same.  In the ITC case, on behalf of client Perryman and other domestic titanium mill product manufacturers, blocked the imposition of antidumping and countervailing duties on imports of Titanium Sponge from Japan and Kazakhstan, securing first negative preliminary AD/CVD vote at the ITC in a decade. Following Commerce’s recommendation that the President not impose section 232 tariffs on titanium sponge, the President directed the Secretaries of Commerce and Defense to form a Titanium Sponge Working Group.

Additional information:

https://www.perrymanco.com/files/content/inthenews/perryman-adds-forging-capabilities-f-060722.pdf?d=2022614143618  and

https://www.perrymanco.com/files/content/inthenews/perryman-addsmelting-f--061522.pdf?d=2022615142247

Customs, AD/CVD, and Section 301 - Advise Sinoboom Intelligent Equipment Co. and its subsidiaries regarding the impacts of the Section 301 duties on Chinese imports and the AD/CVD investigations on Mobile Access Equipment (A-570-139; C570-140) on its operations, and duty mitigation options.  Advise Sinoboom as it established its Polish affiliate’s manufacturing operations and supply chain, and successfully advocated for and received favourable country of origin rulings from Customs regarding the products manufactured in Poland from imported components. This advice and the Customs rulings have significantly mitigated Sinoboom’s duty burden. Further advise Sinoboom regarding ongoing supply chain and manufacturing issues with potential U.S. customs duty impacts.