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SK Nexilis Expands Legal Action Against Solus, Highlighting Patent Competitiveness
Date Submitted 2025-09-29

l Filed a second amended complaint in the ongoing U.S. patent infringement lawsuit against Solus Advanced Materials

l Sought injunctive relief, including a sales ban, following findings that Solus products distributed in Europe infringed patents

l Korea Intellectual Property Trial and Appeal Board invalidated four patents held by Solus Advanced Materials

 

SK Nexilis, SKC's subsidiary specializing in copper foil for EV batteries, announced on the 29th that it has added trade secret violation claims against Solus Advanced Materials in connection with the ongoing U.S. patent infringement injunction lawsuit.

Earlier this month, SK Nexilis filed a second amended complaint in its ongoing patent infringement injunction case (Case No. 2:23-cv-00539) in the U.S. District Court for the Eastern District of Texas. In this latest filing, SK Nexilis asserted additional claims against Solus Advanced Materials and its affiliates, alleging violations of the federal Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA).

The amended complaint alleges that Solus Advanced Materials misappropriated and used trade secrets central to copper foil manufacturing processes, including additive recipes, electrolyte operating conditions, and drum management methods. These trade secrets represent core competitive strengths that SK Nexilis has developed through years of research and substantial investment.

Accordingly, SK Nexilis has sought civil remedies, including an injunction to prohibit further use of its trade secrets, recovery of actual damages, restitution of unjust enrichment, and punitive damages. The company intends to thoroughly substantiate the relevant facts and damages through the judicial process.

Shortly after filing the second amended complaint in the United States, SK Nexilis also initiated patent infringement litigation in Europe. The company determined that copper foil products sold in the European market by Solus Advanced Materials affiliates infringed its patent and accordingly filed two patent infringement injunction lawsuits with the Unified Patent Court (UPC).

In this litigation, SK Nexilis is seeking a comprehensive injunction that would not only halt the manufacture, use, and sale of the infringing products, but also require the recall and destruction of products already distributed. The Unified Patent Court (UPC) has strong judicial authority, with the power to issue a single ruling effective across 17 member countries, including Germany and France, allowing for immediate remedial measures such as sales bans if patent infringement is established.

In Korea, the validity of patents held by Solus Advanced Materials has also been reviewed by the Intellectual Property Trial and Appeal Board (IPTAB). On the 27th of this month, the IPTAB invalidated four patents owned by Solus Advanced Materials.

Previously, one month after SK Nexilis filed its patent infringement lawsuit in the United States, Solus Advanced Materials initiated a countersuit in Korea, asserting six of its own patents against SK Nexilis. The recent invalidation ruling applies to four of those six patents, while the remaining two are still under review by the IPTAB.

A representative of SK Nexilis stated, “We will do our utmost to clearly substantiate the facts in this litigation and ensure that our legitimate rights are protected. We also hope this case will serve as a reminder of the importance of safeguarding trade secrets, and that fair and ethical management will become the foundation for ensuring the sustainability of K-batteries in the global market.”

Meanwhile, last year Solus Advanced Materials filed inter partes review (IPR) petitions with the U.S. Patent Trial and Appeal Board (PTAB) challenging five patents asserted by SK Nexilis. On July 2, all five petitions were ultimately dismissed, reaffirming the validity of SK Nexilis’ patents. [End]