SK Nexilis Files Amended Complaint in the U.S.
Patent and Trade Secret Dispute with Solus Advanced Materials Expands to Europe and South Korea
The legal dispute between SK Nexilis and Solus Advanced Materials over copper foil, a key battery material, is intensifying and spreading across the United States, Europe, and South Korea.
According to the battery industry on September 3, SK Nexilis submitted a second amended complaint to the U.S. District Court for the Eastern District of Texas in early August. In the complaint, SK Nexilis alleged 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. The company explained that these are core competitive advantages secured through years of research and significant investment. SK Nexilis requested civil remedies, including a ban on further use of the trade secrets, punitive damages, and the return of unjust enrichment.
SK Nexilis has also extended its offensive to Europe. Last month, the company filed two patent infringement lawsuits with the Unified Patent Court (UPC), claiming that copper foil products sold by Solus Advanced Materials' affiliates in the European market infringed on its patents. Since UPC rulings are effective across all 17 member states, including Germany and France, an infringement finding could result in an immediate sales ban.
Solus Advanced Materials has responded to these developments by mounting a counteroffensive. The company submitted a rebuttal to the U.S. court, denying any trade secret misappropriation. It emphasized that the relevant technologies had been commonly used in the industry even before SK Nexilis entered the market, and that its European subsidiary, Circuit Foil Luxembourg (CFL), had independently developed and patented the technology. The company stated its intention to respond actively in South Korea, the United States, and Europe.
The legal battle between the two companies is already unfolding on multiple fronts. In December 2023, SK Nexilis filed a patent infringement lawsuit in South Korea, to which Solus Advanced Materials responded with countersuits involving six of its own patents. Currently, a total of eight lawsuits are underway. Of these, four were ruled invalid by the Korean Intellectual Property Trial and Appeal Board on August 28. The remaining four cases are still under review. Additionally, Solus Advanced Materials’ request to invalidate five SK Nexilis patents at the U.S. Patent Trial and Appeal Board was rejected in July.
This simultaneous global litigation is seen as an issue that goes beyond a simple patent dispute, directly impacting the competitiveness of K-batteries. An SK Nexilis representative stated, "We will do our utmost to clearly establish the facts and protect our legitimate rights. We hope this case serves as a reminder of the importance of trade secret protection and that fair and ethical management becomes the foundation for the sustainability of K-batteries in the global market." A Solus Advanced Materials representative added, "We will defend the results of our independent technology development based on prior art and our own capabilities."
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