The patent infringement legal battle between LG Innotek and Corephotonics in South Korea is expected to extend to 2022.
Earlier this month, Corephotnics had made a filing to the Supreme Court, citing its reasons for appeals against a decision made in the Patent Court of Korea. LG Innotek filed its own claims to the Supreme Court a day afterwards.
The Israeli firm, a subsidiary of Samsung Electronics, had in September appealed against the rulings made by the Patent Court of Korea and the Intellectual Property Tribunal, which is under the Korean Intellectual Property Office (KIPO), that took the side of LG Innotek.
Both the court and tribunal had accepted the South Korean component maker’s argument that the patent on small telescope lens assembly claimed by Corephotonics was invalid.
Corephotonics first filed a patent infringement against LG Innotek in 2018. The latter responded by filing a patent invalidation suit in 2019.
In July this year, the Intellectual Property Tribunal ruled that the patent was invalid in its tentative decision. Responding to the decision, the Seoul Central District Court dropped the lawsuit between the companies.
Corephotonics appealed against the tribunal’s ruling but the Patent Court of Korea also deemed the patent invalid.
If the Supreme Court rules in favor of the Israeli firm, its patent infringement lawsuit with LG Innotek will be revived.
This will allow Corephotonics to use any evidence uncovered in the lawsuit for its lawsuit in the US against Apple, which is ongoing.
The Supreme Court’s decision is expected to take months, with a ruling expected sometime next year.
Meanwhile, people familiar with the matter said Corephotonics is likely seeking a licensing deal for its folded zoom patent with Apple.
Cupertino is planning to adopt the technology starting in 2023 for its iPhones, they said.