Tate & Lyle Files Sucralose Patent Infringement Case

11/04/07 Tate & Lyle has announced that on 6 April 2007 its US subsidiary, Tate & Lyle Sucralose, Inc. filed a United States International Trade Commission (ITC) Case in Washington alleging patent infringement against three Chinese manufacturing groups as well as 18 importers and distributors. The proceedings allege infringement of patented sucralose manufacturing technology in respect of sucralose manufactured in China and imported to the US by the defendants named in the case.

Robert Gibber, General Counsel of Tate & Lyle said, "Our sucralose manufacturing technology is protected by a robust and sophisticated patent estate, which we will defend rigorously. This action follows the filing with the US Federal District Court in May 2006, which so far has resulted in favourable settlements with three of the ten defendants cited in that case. As a next step after launching our federal case in 2006, we are now ready to proceed with this broader ITC Case and so extend our enforcement action to two more Chinese manufacturing groups, who have stolen our technology, as well as their distribution networks in the US.”

The ITC has jurisdiction over manufacturers of goods for importation and importers into the US (even if they are located outside of the US), as well as entities in the US who resell after importation, however small the quantities involved. The ITC has the right to exclude products from importation into the US that are shown to infringe a US patent.

The defendants named in the Complaint are manufacturers:

>Hebei Sukerui Science and Technology Co., Ltd. (and its affiliated entities Hebei Province Chemical Industry Academe, and Hebei Research Institute of Chemical Industry) 
> Changzhou Niutang Chemical Plant Co., Ltd. (and its affiliated entity U.S. Niutang Chemical, Inc.) 
> Guangdong Food Industry Institute (and its affiliated entity L&P Food Ingredient Co., Ltd.)

The named importers and distributors (and the country of their principal place of business) are:

· AIDP, Inc. (USA)
· Beijing Forbest Chemical Co., Ltd. (PRC)
· Beijing Forbest Trade Co., Ltd. (PRC)
· Forbest International USA, LLC (USA)
· CJ America, Inc. (USA)
· Fortune Bridge Co. Inc. (USA)
· Garuda International, Inc. (USA)
· Gremount International Co., Ltd. (PRC)
· Heartland Packaging Corporation (USA)
· Lianyungang Natiprol (Int’l) Co., Ltd. (PRC)
· MTC Industries, Inc. (USA)
· Nantong Molecular Technology Co., Ltd. (PRC)
· Nu-Scaan Nutraceuticals, Ltd. (UK)
· ProFood International, Inc. (USA)
· Ruland Chemistry Co., Ltd. (PRC)
· Shanghai Aurisco International Trading Co. Ltd. (PRC)
· Vivion, Inc. (USA)
· Zhongjin Pharmaceutical (Hong Kong) Co., Ltd. (PRC)