Companies win sucralose patent cases

The full US International Trade Commission (ITC) has upheld an initial ITC ruling that found Niutang did not infringe Tate & Lyle’s patents for manufacturing the sweetener sucralose. In an initial determination announced in September 2008, ITC Judge Charles Bullock rejected Tate & Lyle’s infringement allegations against Changzhou Niutang, a global manufacturer of sucralose, and its US subsidiary, US Niutang.

The US ITC has also ruled in the favor of sucralose manufacturer Guangdong Food Industry Institute/ L&P Food Ingredient (GDFII/L&P) in a Section 337 patent dispute filed against the company by Tate & Lyle Corp.

The US ITC governs investigations into allegations of unfair trade practices and has ruled in its final determination that GDFII/L&P has not violated any of the patents asserted in the Section 337 dispute. GDFII/L&P is a specialty ingredients manufacturer that develops and manufactures sucralose at its ISO 9001:2000 and HACCP certified facility in China. Its alliance with Ingredient Specialties in California provides a global distribution network that markets Züeit brand sucralose to the industry as a Kosher and Halal certifi ed non-caloric high intensity sweetener.