Tate & Lyle ITC to Institute an Investigation on Sucralose Producer, Forbest International

14/05/07 The ITC investigation is based on a complaint filed on 6 April 2007 by Tate & Lyle Technology Ltd in the UK and Tate & Lyle Sucralose, Inc., of Decatur, Illinois, USA on April 6.

“The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain sucralose, sweeteners containing sucralose, and related intermediate compounds thereof that infringe patents owned by the complainants. The complainants request that the ITC issue a permanent general exclusion order and a permanent cease and desist order”, said the ITC statement.

The ITC, however, has not yet made a decision on the merits of the case.

“The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation”, added the statement.

Forbest International USA, LLC, whose Chinese partners are identified as respondents by the ITC in the investigation, informed FLEXNEWS that it believes that “Tate & Lyle’s ITC complaint is without merit” and adds that it will “vigorously defend itself and its products in any proceeding before the ITC and the district court”.

Located in New Jersey, Forbest International USA, LLC, is a leading manufacturer and supplier of sucralose in the US. The company also has offices in China and long-term supply agreements with sucralose manufactures in the country.

In a statement sent to FLEXNEWS, the company said: “We sell high-quality sucralose that is used as a general-purpose sweetener and helps people living with diabetes and other special nutrient needs or other health concerns. We stand behind our products and firmly believe that they do not infringe any patent asserted by Tate & Lyle. We have always respected the intellectual property rights of others and will continue to do so.  We believe that Tate & Lyle’s actions will stifle competition in the market for sucralose and result in higher prices for customers”.

“This is not the first time Tate & Lyle has attempted to interfere with Forbest International’s sale of sucralose.  In May 2006, Tate & Lyle filed a complaint in Illinois, alleging infringement of one patent, which is not asserted in the ITC complaint.  Forbest International successfully defended itself against these claims.  After nine months of litigation, the case was dismissed.  Tate & Lyle has since filed another complaint in the same court”, the sucralose producer added.