The Office of Unfair Import Investigations (OUII) of the U.S. International Trade Commission (ITC) presented its opinion in favor of LG Chem's request for an early ruling on SK Innovation's violation of business secrets.
LG Chem earlier this month asked the OUII to rule against SK Innovation at an earlier date, claiming that SK has engaged in destroying evidence and others in a lawsuit against SK for violating business secrets related to electric vehicle batteries.
LG Chem claimed that SK Innovation ignored its duty to preserve evidence and destroyed evidence systematically and extensively in the course of the suit. It also did not properly carry out the forensics ordered by the ITC under the circumstances.
OUII acknowledged the evidence destruction presented by LG Chem. "It is reasonable to assume that SK has damaged evidence and that it has not complied with ITC's forensics order," OUII said. "Some of these acts seem to be intentional."
OUII is an organization under ITC but as an independent body representing the public interest, it presents its views on the litigation agenda.
The OUII also suggested that the hearing is necessary as SK should have an opportunity to explain the issue, with the opinion that it is appropriate to accept the request for an early ruling against SK Innovation.
SK Innovation recently refuted LG Chem's claim to the ITC, saying that it is unfair.