ITC patent infringement case: update - 22 Sep 2008

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Tate & Lyle PLC (“Tate & Lyle”) announces that on 22 September 2008 an Administrative Law Judge at the U.S. International Trade Commission (“ITC”) in Washington D.C. gave his initial/preliminary ruling in respect of the patent-infringement case against certain manufacturers and importers of Chinese sucralose. With the exception of certain non-participating and defaulted Defendants, the Judge did not agree with Tate & Lyle’s claims. The Judge’s initial determination concerning the infringement ruling follows the trial earlier this year. A binding final determination by the full six-person Commission is expected by January 2009.

Robert Gibber, General Counsel of Tate & Lyle, said “This is a complex case involving a huge amount of in-depth technical analysis and debate between scientific experts. We would not have proceeded with an ITC case unless we believed we had adequate evidence to demonstrate that our patents are being infringed. We intend to petition for an appeal of the decision by the full Commission.”

Karl Kramer, President, Tate & Lyle Sucralose said, “Intellectual property is just one of a number of different layers of protection which define Tate & Lyle’s formidable competitive advantage in the global sucralose business. Our facilities in the US and Singapore, which operate at a level of cost, efficiency and environmental stewardship surpassed by none, produce sucralose which meets the highest standards of quality, purity and hygiene. Our business is built upon long-standing relationships with some of the world’s leading food, beverage and pharmaceutical manufacturers, as well as the established SPLENDA® brand which is renowned as a high quality, reliable and trusted product in a number of markets.”

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About Tate & Lyle: 
Supported by our 160-year history of ingredient innovation, we partner with customers to provide consumers with healthier and tastier choices when they eat and drink. We are proud that millions of people around the world consume products containing our ingredients every day.

Through our expertise in sweetening, fortification, and texture, we develop ingredient solutions which reduce sugar, calories, and fat, add fibre and protein, and provide texture and stability in categories including beverages, dairy, bakery, snacks, soups, sauces, and dressings.

We have more than 3,500 employees working in around 57 locations across 39 countries. Science, Solutions, Society is our brand promise and how we will achieve our purpose of Transforming Lives Through the Science of Food. By living our purpose we believe we can successfully grow our business and have a positive impact on society. We live our purpose in three ways, by supporting healthy living, building thriving communities and caring for our planet.

Tate & Lyle is listed on the London Stock Exchange under the symbol TATE.L. American Depositary Receipts trade under TATYY. In the year to 31 March 2023, Tate & Lyle revenue from continuing operations totalled £1.75 billion. For more information, please visit or follow Tate & Lyle on LinkedinX (Twitter)Facebook or YouTube