14 March 2008 - In response to certain claims made by defendants in the US International Trade Commission (“ITC”) case against manufacturers and importers of Chinese sucralose, Tate & Lyle makes the following statement.
There has been no ruling in the ITC investigation on whether the various manufacturers and distributors infringe Tate & Lyle's patents. Therefore any comments made by defendants in the case pre-empt the official decision to be made by the Judge and the ITC later in the year and are highly speculative and presumptive. Tate & Lyle remains confident of a positive outcome to this case.
Mr. Robert Gibber, General Counsel of Tate & Lyle, said: “It comes as no surprise for the respondents to seek to claim publicly at this preliminary stage that they do not infringe any of our patents, including those advanced in the ITC trial and at the District Court; however, we clearly do not agree on this point.
“Our legal team has obtained the sucralose manufacturing processes of the Chinese manufacturers, inspected their plants, and sampled their processes. Based on this analysis, our allegations of infringement against the Chinese manufacturers proceeded through to trial in the ITC, and may be subject to further litigation in US Federal District Court as well.
“Tate & Lyle has developed the world’s most efficient methods for consistently manufacturing quality sucralose on a commercial scale that meets the rigorous purity and hygiene standards our customers and regulators demand and will vigorously enforce its intellectual property rights to maintain that position.”
Timings
After due consideration of all issues of fact and law, the Judge will issue an initial determination concerning whether US trade laws have been violated and provide a recommendation concerning the appropriate remedy. This initial determination is due in June 2008, but the actual date could be delayed depending on the schedule of the Judge.
Approximately four months later, that initial determination will be further reviewed by the ITC Commissioners, who will issue their determination regarding whether infringing sucralose should be barred from importation into the United States. This decision is then subject to appeals that are decided by the Federal Circuit Court of Appeals for the United States. Tate & Lyle’s US Federal District Court infringement complaint has been stayed by the Judge in that case until the ITC proceedings are completed.