ITC Finds No Infringement of Sucralose Patents
The International Trade Commission (ITC) has reportedly ruled that Chinese manufacturers and U.S. distributors did not infringe the sucralose patents owned by Tate & Lyle. The ITC’s April 6, 2009, ruling affirms an administrative judge’s September 2008 preliminary ruling about the sweetener patents. More details about the case appear in issue 276 of this Update.
According to a news source, Tate & Lyle is reviewing the latest determination and will decide whether appeals through the Federal Circuit Court of Appeals are feasible. Numerous sucralose competitors are apparently ready to try to break what has been characterized as Tate & Lyle’s near monopoly of the global $1.3 billion sucralose market. The company’s president called the ruling a disappointment, but, referring to the quality of its product and the efficiency of its manufacturing processes, was quoted as saying, “intellectual property is just one of the many components which define Tate & Lyle’s formidable competitive advantage in the global sucralose business.” See Foodnavigator-usa.com, April 7, 2009.
