Tate & Lyle loses patent infringement case

Chinese Sucralose manufacturer Guangdong Food Industry Institute has been cleared of the infringement complaint put forward by Tate & Lyle to the US International Trade Commission (ITC).

The complaint alleges infringement of process patents relating to the production of Sucralose and certain intermediate compounds. This initial determination was presented by the US ITC 22 September 2008.

Wang Sanyong, a Corporate Officer of Guangdong Food Industry Institute, said: “We are extremely pleased with the determination of Judge Bullock of the ITC … We have been open and forthcoming in presenting the facts to the ITC as fully and completely as possible.

“It would be recalled that one of the patents asserted by T&L was dropped before the hearing commenced and after an inspection of our facility. T&L’s expert acknowledged that GDFII/L&P Food’s current process, as inspected, does not infringe two of the other patents. The fourth asserted patent expires in July 2009, only a few months after the new target date for the ITC’s final determination.

“We are confident that the final determination will indeed mirror this initial determination and are looking forward to this determination by the ITC in January 2009.”

“This has been a long process, but this historic determination is a great milestone for us as we move in the right direction to being vindicated in this complaint and to proceed in our global strategic plans for our Züeit-branded, high intensity Sucralose sweetener,” added Roger Matkin, CEO of Ingredient Specialties, Inc (ISI), a California-based strategic global alliance partner.

Director of sales and marketing of ingredient specialties, Bassam Faress, said: “We believe in intellectual property and the necessity for enforcement. Unfortunately, this is one of those instances where the exercising of this right is misplaced.”