Brea, Calif., June 1 - Niutang Chemical, one of the largest global manufacturers of sucralose, today announced that the U.S. International Trade Commission (ITC) has extended the target date of its initial determination regarding sucralose patent infringement allegations. The allegations were made by Tate & Lyle against both Niutang Chemical (Niutang) and its subsidiary, U.S. Niutang Chemical, Inc.
According to the order entered by ITC Administrative Law Judge Charles Bullock, the 90-day extension is necessary due to the heavy demands of his current case load. The initial determination is now set for September 12, 2008, with a final ruling by the ITC scheduled for no later than January 12, 2009.
Niutang stated it will continue to supply sucralose to its U.S. customers. "The ITC extension will not affect our ability to supply sucralose to our customers," said Licheng Wang, Jr., general manager of Niutang. "From the outset, we have said that Niutang does not infringe any of the patents asserted by Tate & Lyle in this proceeding."
"We have always respected the intellectual property rights of other companies, and we have made significant investments in our own research, development and manufacturing processes," Wang stated. "In fact, we are expanding our sucralose capacity to meet the rising demands of our customers.
"The allegations against Niutang regard four patents. One of them was voluntarily dismissed by Tate & Lyle before the ITC hearing because the evidence showed we did not infringe. One of Tate & Lyle's own experts agreed that the process Niutang currently uses does not infringe two of the other patents. The final Tate & Lyle patent in this case, which Niutang also strongly believes is not infringed, expires in July 2009. With the recent extension, the target date for the ITC's final decision is now January 2009. We are still confident of a positive outcome in Niutang's favor, and we do not anticipate any disruption in the delivery of sucralose to our customers."
About Niutang
Niutang Chemical is one of the world's leading manufacturers and distributors of food additives, chemicals and pharmaceutical intermediates that are instrumental to food, beverage, pharmaceutical, nutraceutical and industrial products. Established in 1969, Niutang's commitment to producing the highest quality food additives at competitive prices has ensured its rapid growth into a leading global manufacturer of aspartame, folic acid, and more recently, sucralose. The company is certified in meeting the most stringent U.S. and European manufacturing, compliance and quality benchmarks. Based in China, Niutang also has sales and quality control operations in the United States and Europe that support its strong reputation for integrity and customer service.