Patent Infringement Determined for Products Distributed in Europe
Four Solus Advanced Materials Patents Invalidated in Korea
SK Nexilis, an SKC investment company specializing in copper foil for secondary batteries, announced on August 29 that it has additionally filed a claim against Solus Advanced Materials for trade secret violations in connection with an ongoing patent infringement lawsuit in the United States.
Earlier this month, SK Nexilis submitted a second amended complaint to the U.S. District Court for the Eastern District of Texas regarding the ongoing patent infringement case. In this complaint, SK Nexilis additionally claimed liability against Solus Advanced Materials and its affiliates for violations of the federal Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA).
The main allegations include that Solus Advanced Materials unlawfully acquired and used trade secrets related to the copper foil manufacturing process, specifically: ▲ additive recipes, ▲ electrolyte operating conditions, and ▲ drum management methods. These trade secrets represent SK Nexilis's core competitive edge, secured through years of research, development, and significant investment.
Accordingly, SK Nexilis has sought civil remedies including an injunction to prohibit further use of the trade secrets, compensation for actual damages and unjust enrichment, and punitive damages. The company plans to thoroughly prove the relevant facts and damages through the litigation process.
Immediately after submitting the second amended complaint, a patent infringement lawsuit was also initiated against Solus Advanced Materials in Europe. SK Nexilis determined that copper foil products sold by Solus Advanced Materials affiliates in the European market infringe on its patents and filed two patent infringement lawsuits with the Unified Patent Court (UPC).
In these lawsuits, SK Nexilis requested a comprehensive injunction not only to prohibit the manufacture, use, and sale of the infringing products, but also to mandate the recall and destruction of products already distributed. The Unified Patent Court (UPC) has strong judicial authority, with a single ruling effective across all 17 member states, including Germany and France. If patent infringement is recognized, immediate remedies such as sales bans may be imposed.
In Korea, the validity of patents held by Solus Advanced Materials was reviewed by the Korean Intellectual Property Trial and Appeal Board. On August 27, the Board invalidated four patents owned by Solus Advanced Materials.
Previously, after SK Nexilis filed a patent infringement lawsuit in the United States, Solus Advanced Materials responded a month later by filing a patent infringement lawsuit in Korea against SK Nexilis, based on six patents it owns. The recent invalidation ruling applies to four out of these six patents, while the remaining two are still under review by the Patent Trial and Appeal Board.
An SK Nexilis representative stated, "We will do our utmost to clearly prove the facts and protect our legitimate rights in this lawsuit," adding, "We hope this case will serve as a reminder of the importance of trade secret protection, and that fair and ethical management will become the foundation for the sustainability of K-batteries in the global market."
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