Hogan Lovells leads LG Energy Solution to US$1.8 billion settlement with SK Innovation over electric vehicle batteries

Hogan Lovells leads LG Energy Solution to US$1.8 billion settlement with SK Innovation over electric vehicle batteries

Press releases | 12 April 2021

Washington D.C., 12 April 2021 – A cross-practice team from global law firm Hogan Lovells led the effort representing LG Energy Solution (LGES) through its multi-year trade secret dispute over electric vehicle batteries with SK Innovation (SKI), which has resulted in a US$1.8 billion settlement between the two companies.

The settlement includes payment by SKI to LGES, apportioned into lump-sum payments and a running royalty. Both companies also agreed to withdraw all pending legal disputes in U.S. and South Korea with a ten-year non-assertion agreement.

Hogan Lovells played a multi-faceted role in this global matter, including representing LGES to a successful default judgment at the U.S. International Trade Commission, as well as orchestrating and leading the lobbying efforts through the subsequent Presidential Review process by the U.S. Trade Representative and White House.

In a statement on Sunday, the Biden Administration called the settlement “a win for American workers and the American auto industry.”

“This was a significant team effort that required the full extent of our regulatory, IP, and lobbying resources to accomplish,” said Ivan Zapien, head of Hogan Lovells Government Relations and Public Affairs Practice.

“We would like to thank our client, USTR Katherine Tai, and the White House for their significant efforts to bring this matter to a successful resolution,” added International Trade & Investment partner Kelly Ann Shaw.

“Hogan Lovells played a critical role to bring this dispute to a successful conclusion,” said JP Kang, an attorney for LGES. “We are grateful we found a partner in Hogan Lovells with the technical IP litigation know-how combined with global regulatory and lobbying capabilities to help us achieve our goals and push our message through the highest levels of government.”

The IPMT team was led by senior counsel Judge Ted Essex and partner Joe Raffetto, and included counsel Scott Hughes and attorney Soyoun Yasuda (all Washington D.C.), as well as senior associate Wonnie Lee (Northern Virginia).

Shaw led the Presidential Review efforts by the International Trade and Investment team, which included partners Warren Maruyama and Jared Wessel, and associate Stephanie Lopez (all Washington D.C.), as well as counsel Ben Kostrzewa (Hong Kong).

Zapien led the lobbying efforts by the Government Relations and Public Affairs team, which included partner Aaron Cutler and senior counsel Sen. Norm Coleman. Head of Strategic Communications Mark Irion, Director of Strategic Communications Chase Kroll, and specialist Katelyn Petroka also advised on this matter (all based in Washington D.C.).

Hogan Lovells also worked closely with government relations firm Peck Madigan Jones to secure this result.