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. Read more here.
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. Read more here.
Represented non-party and a dozen named respondents against complainants Flooring Industries Ltd., IVC US Inc. and Mohawk Industries, Inc. in a patent-based Section 337 action regarding luxury vinyl tile (ITC Inv. No. 337-TA-1155). This investigation addressed and, through settlement, resolved numerous clashes over intellectual property in the flooring industry. The investigation concluded with the issuance of a general exclusion order, which will protect the interests of all manufacturers importing licensed flooring products.
