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JK Sucralose Inc. Wins ITC Case Against Tate & Lyle; Voluntarily Intervened and Found Patents Not Infringed

Source: JK Sucralose Inc.
07/04/2009

Jiangsu, China, April 6th, 2009 - JK Sucralose Inc. (JK), the second largest sucralose manufacturer in the world, made the following statement concerning the International Trade Commission investigation “In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Components Thereof”:

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On April 6th, 2009, after one and a half year investigation, the United States International Trade Commission (ITC) has issued its final determination finding that JK Sucralose Inc. does not infringe Tate & Lyle’s asserted patents. Notice also given that the U.S. ITC has issued alimited exclusion order against eleven respondents in this investigation undersection 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337.

Alex An, the CEO of JK Sucralose Inc. announced, “We are extremely pleased with the ITC’s final determination of no infringement. This decision confirms our belief all along that our sucralose manufacturing processes do not infringe Tate & Lyle’s patents. We have invested greatly in the technology innovation and improvements of our sucralose production process.We will continuously defend and protect our own intellectual properties, which include seven sucralose processing patent applications in the United States and China. JK has a clear mission of bringing people the SWEET SOLUTION OF A HEALTHY LIFE.”

May 23rd, 2006: Tate & Lyle filed a complaint in Illinois Federal District Court against a Chinese sucralose manufacturer and other Chinese and American companies that import or export sucralose into the United States.

March 2nd, 2007: Tate & Lyle was forced to dismiss the above court case filed in Illinois.

March 5th, 2007: Tate & Lyle filed a new complaint in Illinois Federal District Court against 3 Chinese sucralose manufacturers (JK Sucralose Inc. was not named) and more than 30 Chinese and American sucralose distribution companies.

April 6th, 2007: Tate & Lyle filed a compliant at the US International Trade Commission against 3 Chinese sucralose manufacturer (JK Sucralose Inc. was not named) and more than 30 Chinese and American sucralose distribution companies (The Illinois Federal District court case was put to hold due to the on going ITC case).

August 15th, 2007: JK Sucralose Inc. VOLUNTARILY and SUCCESSFULLY intervened the ITC case to challenge Tate & Lyle’s all 5 processing patents.

Sep. 23rd, 2008: ITC Judge issued his initial determination indicated that JK Sucralose Inc. does not infringe Tate & Lyle’s asserted patents.

April 6th, 2009: ITC committee issued its final determination indicated that JK Sucralose Inc. does not infringe Tate & Lyle’s asserted patents.

Future: The Illinois district court case could soon be re-initiated as soon as the ITC case is completed.

About JK Sucralose Inc.

JK Sucralose Inc.’s manufacturing facilities is designed for production of 800 MT sucralose per year and has been approved by the Chinese government. We will be able to support the increasing market demand for our JK SweetTM Sucralose in Food and Pharmaceutical industries globally. Our large sucralose inventory in China, USA and Europe will greatly support our global customers’ daily business. JK has invested in a state of the art, highly sophisticated cGMP facility. We are committed to provide the best quality sucralose to our customers.

JK Sucralose Inc. is the only Sucralose manufacturer in China which facilities are GMP, HACCP and ISO 9001:2001 certified and has passed many third-party GMP audits in year 2008 and year 2009. Our sucralose is KOSHER and HALAL certified and strictly meets the FCC VI, USP/NF, European and Japanese specifications.

JK Sucralose will continue to defend our right to sell JK SweetTM Sucralose globally to our customers.



 



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