01
Apr
By John Presper
On March 31, 2021, ALJ Dee Lord issued a notice of initial determination (“ID”) in Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1181). According to the notice, the ALJ found no violation of section 337.

By way of background, this investigation was instituted on October 29, 2019 based on a complaint filed by LG Chem, Ltd. of the Republic of Korea; LG Chem Michigan Inc. of Holland, Michigan; and Toray Industries, lnc. of Japan alleging violation of section 337 by Respondents SK Innovation Co., Ltd. of the Republic of Korea and SK Battery America, Inc. of Atlanta, Georgia through the importation and/or sale in the U.S. of certain lithium-ion battery cells, battery modules, battery packs, components thereof (including battery separators and powderous electrode active material), and vehicles containing same by reason of infringement of one or more claims of U.S. Patent Nos. 7,662,517 (“the ’517 patent”); 7,638,241 (“the ’241 patent”); (“the ’152 patent”); and 7,771,877 (“the ’877 patent”).

According to the notice, ALJ Lord determined there is no violation of section 337 based on the following conclusions of law:













A public version of the ID containing more detailed information will issue after all parties have submitted their proposed redactions to the ALJ.

UPDATE:  On April 30, 2021, ALJ Lord issued the public version of the ID.



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