Sucralose ITC Case
Tate & Lyle PLC
10 April 2007 - Tate & Lyle PLC
Tate & Lyle files United States International Trade Commission (ITC) Case
Alleging Infringement of Patented Sucralose Manufacturing Technology
Tate & Lyle announces that on 6 April 2007 its US subsidiary, Tate & Lyle
Sucralose, Inc. filed a United States International Trade Commission (ITC) Case
in Washington alleging patent infringement against three Chinese manufacturing
groups as well as 18 importers and distributors. The proceedings allege
infringement of patented sucralose manufacturing technology in respect of
sucralose manufactured in China and imported to the US by the defendants named
in the case.
Robert Gibber, General Counsel of Tate & Lyle said, 'Our sucralose manufacturing
technology is protected by a robust and sophisticated patent estate, which we
will defend rigorously. This action follows the filing with the US Federal
District Court in May 2006, which so far has resulted in favourable settlements
with three of the ten defendants cited in that case. As a next step after
launching our federal case in 2006, we are now ready to proceed with this
broader ITC Case and so extend our enforcement action to two more Chinese
manufacturing groups, who have stolen our technology, as well as their
distribution networks in the US.'
The ITC has jurisdiction over manufacturers of goods for importation and
importers into the US (even if they are located outside of the US), as well as
entities in the US who resell after importation, however small the quantities
involved. The ITC has the right to exclude products from importation into the US
that are shown to infringe a US patent.
The defendants named in the Complaint are manufacturers:
-- Hebei Sukerui Science and Technology Co., Ltd. (and its affiliated
entities Hebei Province Chemical Industry Academe, and Hebei Research
Institute of Chemical Industry)
-- Changzhou Niutang Chemical Plant Co., Ltd. (and its affiliated entity
U.S. Niutang Chemical, Inc.)
-- Guangdong Food Industry Institute (and its affiliated entity L&P Food
Ingredient Co., Ltd.)
The named importers and distributors (and the country of their principal place
of business) are:
-- AIDP, Inc. (USA)
-- Beijing Forbest Chemical Co., Ltd. (PRC)
-- Beijing Forbest Trade Co., Ltd. (PRC)
-- Forbest International USA, LLC (USA)
-- CJ America, Inc. (USA)
-- Fortune Bridge Co. Inc. (USA)
-- Garuda International, Inc. (USA)
-- Gremount International Co., Ltd. (PRC)
-- Heartland Packaging Corporation (USA)
-- Lianyungang Natiprol (Int'l) Co., Ltd. (PRC)
-- MTC Industries, Inc. (USA)
-- Nantong Molecular Technology Co., Ltd. (PRC)
-- Nu-Scaan Nutraceuticals, Ltd. (UK)
-- ProFood International, Inc. (USA)
-- Ruland Chemistry Co., Ltd. (PRC)
-- Shanghai Aurisco International Trading Co. Ltd. (PRC)
-- Vivion, Inc. (USA)
-- Zhongjin Pharmaceutical (Hong Kong) Co., Ltd. (PRC)
CONTACTS
Mark Robinson, Director of Investor Relations
Tel: +44(0)20 7626 6525 or Mobile: +44(0)7793 515861
Ferne Hudson, Head of Media and Public Relations
Tel: +44(0)20 7626 6525 or Mobile: +44 (0)7713 067433
About Tate & Lyle: Tate & Lyle is a world leading manufacturer of renewable food
and industrial ingredients. It uses innovative technology to transform corn,
wheat and sugar into value-added ingredients for customers in the food,
beverage, pharmaceutical, cosmetic, paper, packaging and building industries.
The Company is a leader in cereal sweeteners and starches, sugar refining, value
added food and industrial ingredients, and citric acid. Tate & Lyle is the world
number-one in industrial starches and is the sole manufacturer of SPLENDA(R)
Sucralose.
Headquartered in London, Tate & Lyle is listed on the London Stock Exchange
under the symbol TATE.L. In the US its ADRs trade under TATYY. The Company
operates more than 65 production facilities in 29 countries, throughout Europe,
the Americas and South East Asia. It employs 7,000 people in its subsidiaries
with a further 4,800 employed in joint ventures. Sales in the year to 31 March
2006 totalled £3.7 billion. Additional information can be found on this website
www.tateandlyle.com.
SPLENDA(R) is a trademark of McNeil Nutritionals, LLC