Biden has until April 9 to approve or disapprove the ITC ruling. If he approves it, SK will appeal the decision to a federal court, said Sturgis Sobin, a Washington, D.C.-based attorney who’s leading the company’s litigation strategy. If he rejects it, LG would likely revive a federal lawsuit in Delaware that addresses the same issues.
The ITC can only ban a company from importing parts, but a federal judge can issue rulings that don’t negatively impact U.S. policy goals, Yates said. Thus, a federal court is a better forum for settling this case, she said.
It would set a dangerous precedent to discard the ITC ruling, said Sam Olens, an attorney for LG.
“You can’t encourage economic development projects in your state if you can’t ensure you will protect intellectual property,” he said.
Yates, an Atlanta native, was also a deputy attorney general in the Obama administration and was U.S. Attorney for the Northern District of Georgia from 2010 to 2015.