Difficulties in finding an expert who can offer an appraisal about whether LG Chem and Innox Advanced Materials infringed each other’s patents are making the lawsuit drag on even longer, according to industry watchers this week.
Already, three of the four candidates refused to take part. The role of such experts is to conduct experiments related to the patents, then submit the results to the courts. This is done to ensure the objectivity of the experiments.
In August, LG Chem and Innox had agreed on the schedule for choosing the candidates. Among 8 candidates, four were chosen based on mutual consent. Three of them, however, declined the offer earlier this month. If the remaining expert also refuses, the two companies have to go through the election process once more.
Market watchers say further delay could be a disadvantage for LG Chem as the chemical nature of sample materials may change over time. The LG unit also appeared to be hurrying to select an expert.
Innox, on the other, seemed to be trying to buy more time. Citing various reasons, it failed to submit its own list of experts to conduct the necessary experiments. It also has been arguing that the exact evaluation method has not been agreed upon. The court has called for the firm to refrain from “wasting time” over such procedures.
In March, LG Chem filed a patent suit against Innox Advanced Materials with the Seoul Central District Court. LG Chem accused Innox of supplying LG Display with OLED encapsulation film based on LG Chem patents.
LG Chem had been exclusively supplying the film before Innox entered the scene to eat into its profits. Some industry watchers believe the LG company is suing to claw back some of the market.
The Elec is South Korea’s No.1 tech news platform.