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First China-Based Sucralose Manufacturer Confirms United States ITC Target Date Extension for Decision in Section 337 Sucralose Patent Infringement Investigation

Source: Guangdong Food Industry Institute
04/06/2008

Exeter, California, June 4 - Guangdong Food Industry Institute (GDFII/L&P Food), a leading manufacturer of sucralose, announces that Administrative Law Judge Charles E. Bullock of the United States International Trade Commission (ITC) has extended the target date for the ITC's final decision to January 12, 2009 on Tate & Lyle's Section 337 complaint (docket# 337-TA-604). The complaint alleges infringement of process patents relating to the production of sucralose and certain intermediate compounds. The extension is due to the ITC's heavy workload.

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Mr. Wang Sanyong, a corporate officer of GDFII/L&P Food comments, “We have presented the facts to the ITC as fully and completely as possible. One of the patents asserted by T&L was dropped before the hearing 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; and a fourth patent expires in July 2009, only a few months after the new target date for the ITC’s final decision. We are committed to continuing to supply sucralose to our customers and we are optimistic that the decision to be made by the ITC will confirm our position that we do not infringe any of T&L’s patents, and that its determination will reaffirm the strength and innovation of our capability and processes, and the integrity of our technology and our company.”

“This has been a long process, but we are very pleased with the inspection of the GDFII/L&P Food facility and other proceedings preparatory to our defense during the hearing at the ITC held in the latter part of February 2008. We are confident that our position of respecting proprietary IP will be vindicated and that the ITC will find Tate & Lyle’s complaint to be unsubstantiated as we proceed with our plans to promote our Züeit(TM) branded high intensity sucralose sweetener,” commented Roger Matkin, Chief Executive Officer of Ingredient Specialties, Inc. (ISI), a strategic global alliance partner. Mr. Matkin added, “GDFII/L&P Food was the first company in China to manufacture sucralose and this was done utilizing its own technology and know-how.”

Guangdong Food Industry Institute/L&P Food Ingredient Co. Ltd. (GDFII/L&P) is a specialty ingredients manufacturer that pioneered the development and manufacturing of sucralose in China. GDFII/L&P also engages in the production of many new and innovative nutraceutical and health food ingredients, including: polyphenols, functional food/dietary fibers and other natural and plant derived ingredients. GDFII/L&P, headquartered in Guangdong Province, China with an alliance with Ingredient Specialties, Inc., provides a global distribution network that markets Züeit(TM) brand sucralose to the food, beverage, nutraceutical and pharmaceutical industries as a high intensity, non-caloric sweetener. Züeit(R) is a registered trademark of Ingredient Specialties, Inc. Exeter, CA, USA.



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