Conducting patent infringement litigation regarding high-nickel cathode materials and successfully carrying out evidence preservation procedures

Lee & Ko is acting for LG Chem, Korea’s leading cathode materials manufacturer that succeeded in mass-producing NCM (nickel-cobalt-manganese) cathode materials for the first time in the world, in a lawsuit filed against Ronbay, another representative cathode material manufacturer in China, and Jae Se Energy, Ronbay’s Korean subsidiary.

NCM cathode materials containing nickel, cobalt and manganese as main components, especially the so-called “high-nickel” cathode materials with high nickel content, exhibit a high energy density and thus can be applied to electric vehicles requiring high capacity and high power. On the other hand, such high-nickel cathode materials require state-of-the-art technology for mass production and commercialization due to their low structural and thermal stability.

As far as NCM cathode materials are concerned, Ronbay enjoys the first place in China, and it was pursuing the export of cathode materials to the United States and Europe while gradually increasing the production of high-nickel cathode materials by using the Chungju plant of Jae Sae Energy as one of its main production bases. However, based on conducting comparative analysis of LG Chem’s diverse patent portfolio regarding cathode materials after obtaining samples of high-nickel cathode materials produced by Ronbay and Jae Sea Energy, it was confirmed that their products infringe at least five of LG Chem’s cathode material-related patents 

In response, Lee & Ko sought an injunction on patent infringement with the Seoul Central District Court on behalf of LG Chem. Simultaneously, Lee & Ko filed an application for preservation of evidence to secure evidence that could reveal patent infringement at an early stage. In the process, Lee & Ko successfully carried out procedures to secure evidence of patent infringement entirely under Ronbay’s control, including persuasively explaining the need to preserve evidence and obtaining the court’s evidence preservation order.
 
In addition, Lee & Ko filed an application with the Korea Trade Commission to investigate unfair trade practices in the import and supply of patent-infringing products by Ronbay and Jae Sae Energy, and the Korea Trade Commission has decided to launch an investigation into the matter, and the investigation is currently underway. Lee & Ko is conducting all-out patent infringement disputes representing LG Chem against Ronbay and Jae Sae Energy by actively defending claims of patent invalidity in response to the patent invalidation action filed by Ronbay.