SK Inno "LG Chem Stole SK Documents"... LG Chem "No Impact on Lawsuit"

ITC Investigation Office Supports SK's Request, "LG Chem Should Be Investigated for 'SK Document Theft Allegation'"

[Asia Economy Reporter Park So-yeon] SK Innovation announced on the 28th that it has confirmed circumstances in which LG Chem stored SK Innovation's internal information obtained during the forensic process related to the battery lawsuit onto a USB and illegally took it outside.

In a statement, SK Innovation said, "On July 20th of this year, while the digital forensic investigation was ongoing, LG Chem came to the SK Seorin Building and was conducting forensic work on SK Innovation's materials," adding, "At that time, we discovered on-site that LG Chem personnel were attempting to illegally copy SK Innovation's materials onto a USB and take them outside. We immediately stopped the work and raised the issue."

SK stated, "Since LG Chem's forensic investigation of SK Innovation targeted servers storing vast technical data, there is a possibility that important technical information was leaked," and "It cannot be ruled out that even SK Innovation's core battery technologies were copied onto the USB and taken out."

SK further said, "LG Chem claims that SK Innovation's technical information was never taken out via the USB in question, but surprisingly, the LG Chem personnel caught at the time responded that 'the USB had already been used several times to take out materials,' which further baffled SK Innovation's representatives."

SK emphasized, "SK Innovation's battery technology is a national core technology that is strictly managed," and "Although LG Chem was conducting a forensic investigation authorized during the lawsuit process, they should have recognized that they were handling important information and fulfilled their duty of care. However, they showed no security awareness whatsoever by illegally copying materials onto a USB and taking them outside SK Innovation."

SK Innovation has requested the ITC to initiate an investigation into this incident as of September 1st. SK explained, "The Office of Unfair Import Investigations (OUII) under the ITC also supported the forensic investigation of LG Chem's USB and equipment requested by SK Innovation in the opinion released on the 24th."

The ITC investigation involves a broad discovery process, but there is a strict confidentiality protection system through a Protective Order that allows only attorneys or experts directly involved in the litigation to access the submitted materials.

SK Innovation explained that it repeatedly requested LG Chem to conduct digital forensics on the problematic USB and related PCs to protect the company's rights, but due to LG Chem's repeated refusals, it was forced to formally apply for forensic investigation with the ITC.

SK stated, "We requested to verify what data was stored on the USB, whether this data was saved on other devices or misused for purposes other than forensics," adding, "If it is confirmed that the data was taken out and that there was a violation of the Protective Order, we plan to hold those responsible accountable to the end."

In response, LG Chem said, "The OUII (Office of Unfair Import Investigations under the ITC) opposed the investigation into whether there was a significant violation such as a breach of the Protective Order, stating there was no reason for such an investigation," and "However, they do not oppose an investigation related to alleged protocol violations during the forensic process where there is a dispute between the parties' claims."

They also stated, "There were no issues during the forensic process, and this will not affect our request for sanctions asking SK Innovation to acknowledge that they referred to our prior products to file patents," adding, "SK Innovation's request is understood as a strategy to avoid serious legal sanctions faced in the patent lawsuit."