LG Chem, Beerenberg Korea Partially Invalidate Aspen Aerogels Patent

S. Korea's IP Tribunal Issues Split Decisions on High-Performance Aerogel Patent Disputes

(Source: https://www.lgchem.com/product/PD00000298)

By PatenTrip

LG Chem and Beerenberg Korea have partially invalidated claims of a patent held by Aspen Aerogels, Inc., according to recent rulings by South Korea's Intellectual Property Trial and Appeal Board (KIPTAB). However, some claims in the patent were dismissed. Further litigation is expected as these rulings are not yet final.

In November 2024, KIPTAB issued a split decision on LG Chem's invalidation petition against Aspen Aerogels' patent titled "Improved Hydrophobic Aerogel Materials" (KR2412103). The petition, filed by LG Chem in September 2023, challenged the patents validity, citing its relevance to the manufacturing of high-performance aerogel insulation materials. 

Aerogel materials are widely used in industries such as construction, energy efficiency, oil and gas, aerospace, automotive, energy storage, and fire safety. 

Aspen Aerogels describes the patented invention as providing an aerogel composition that is durable, easy to handle, performs well in aqueous environments, and offers favorable combustion and self-heating properties. The company also emphasizes improvements in hydrophobicity, liquid water absorption, heat of combustion, and thermal decomposition onset temperatures. 

In a related matter, Beerenberg Korea filed its own invalidation petition against the same patent in October 2023. KIPTAB delivered a similar split ruling in October 2024, partially invalidating claims while dismissing others. 

Bronx (China) Co., Ltd. also filed a separate invalidation petition targeting the same Aspen Aerogels patent in November 2023. A decision on this petition is still pending. 

Additionally, Beerenberg Korea Co., Ltd. and Bronx (China) Co., Ltd. filed separate invalidation petitions in October and November 2023, respectively, targeting two other patents held by Aspen Aerogels, Inc., both titled "Improved Hydrophobic Aerogel Materials" but registered under different numbers (KR2312815 and KR2164554).

In October 2024, KIPTAB issued a split decision on Beerenberg Korea's invalidation petitions against KR2312815 and KR2164554, ruling partially in favor of the challenge while dismissing some claims. The decision on Bronx (China) Co., Ltd.'s invalidation petition is still pending. 

These disputes underscore the intense competition among LG Chem, Beerenberg Korea, Bronx (China), and Aspen Aerogels in the high-performance aerogel insulation market. Aerogels are critical for applications such as thermal insulation in green energy, transportation, and battery safety, where they can serve as fire-blocking or heat-retardant materials. 

Figure from the patent titled 'Improved Hydrophobic Aerogel Materials' (KR2412103), owned by Aspen Aerogels, Inc. (Source: KIPRIS)

By PatenTrip

Comments