The S&F law blog


USITC rules in favor of Chinese Sucralose Manufacturer
April 21, 2009, 10:57 am
Filed under: Uncategorized | Tags: , , , , , , ,
Sucralose is the world's most popular sugar alternative

Sucralose is the world's most popular sugar alternative

The US International Trade Commission (USITC) has made a final determination that the manufacturing process used by Yancheng JK Sucralose Inc, a Jiangsu province-based sucralose manufacturer, does not infringe on the patents of US company Tate & Lyle Inc, which filed a complaint with the ITC two years ago, according to a USITC website statement on April 6, 2009.

Sucralose is a zero-calorie sugar substitute. The commercial success of sucralose-based products stems from their favorable comparison to other low-calorie sweeteners in taste, stability and safety.

According to the ITC statement, Tate & Lyle Technology Limited of London, United Kingdom and Tate & Lyle Sucralose Inc of Decatur, Illinois, the United States (combined as Tate & Lyle Corp) filed a complaint with the ITC against three Chinese sucralose manufacturers for their sucralose and downstream products on May 10, 2007.

The complaint alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and sale within the United States after importation of sucralose, sweeteners containing sucralose, and two related intermediate .

JK Sucralose submitted an application to the ITC for getting involved voluntarily in the lawsuit. In April, 2009, the ITC published its verdict on its website: The manufacturing process of Yancheng JK Sucralose Inc doesn’t infringe on Tate & Lyle’s asserted patents.

“The JK Sucralose case has set an example for export-oriented Chinese companies,” said Liu Baocheng, director of the International Business Ethics Center of the University of International Business and Economics. “It reminds enterprises that when they set up overseas strategies, they should combine market and sales with IPR strategy, to defend the IPR risk.”

Source: China Daily

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