Sweet US ITC Victory Over Sucralose Patents For Chinese Manufacturers

Complainants:
Tate & Lyle Technology Limited of London, United Kingdom;
Tate & Lyle Sucralose, Inc. of Decatur, IL.

Versus

Respondents:

AIDP, Inc. of City of Industry, CA;

Beijing Forbest Chemical Co., Ltd. of China;

Beijing Forbest Trade Co., Ltd. of China;

Forbest International USA, LLC of Edison, NJ;

Changzhou Niutang Chemical Plant Co., Ltd. of China;

U.S. Niutang Chemical, Inc. of Brea, CA;

CJ America, Inc. of Los Angeles, CA;

Fortune Bridge Co. Inc. of Elmont, NY;

Garuda International, Inc. of Exeter, CA;

Gremount International Co., Ltd. of China;

Guangdong Food Industry Institute of China;

Hebei Province Chemical Industry Academe of China;

Hebei Research Institute of Chemical Industry of China;

Hebei Sukerui Science and Technology Co., Ltd. of China;

Heartland Packaging Corporation of Carmel, IN;

L&P Food Ingredient Co., Ltd. of China;

Lianyungang Natiprol (Intl’l) Co., Ltd. of China;

MTC Industries, Inc. of Edgewood, NY;

Nantong Molecular Technology Co., Ltd. of China;

Nu-Scaan Nutraceuticals, Ltd. of United Kingdom;

ProFood International, Inc. of Naperville, IL;

Ruland Chemistry Co., Ltd. of China;

Shanghai Aurisco International Trading Co. Ltd. of China;

Vivion, Inc. of San Carlos, CA;

Zhongjin Pharmaceutical (Hong Kong) Co. Ltd. of Hong Kong.

The complainants (Tate & Lyle) asked the US International Trade Commission (US ITC) to conduct a Section 337 investigation and give an exclusion order that directs Customs to stop imports that allegedly infringe their patents for sucralose, a sweetener. However, the US ITC confirmed its decision that imported sucralose from China does not infringe Tate & Lyle's patents (U.S. Patent Nos. 5,470,969; 5,034,551; 4,980,463; 5,498,709; and 7,049,435). Read more on the site of US ITC here.

So probably these patents have something that is added to the sucralose.

A certain Dr Mercola says: "Splenda (sweetener by Tate & Lyle) is a combination product. It is not synonymous with sucralose. Sucralose is the actual organic chemical coordination-compound. It is 60o times sweeter than sugar. But when you buy Splenda at the store it consists of sucralose and a bulking agent, because it is 600 times sweeter than sugar you cannot use it by itself. You would have such a small amount that you would not even be able to see it when you use it, so they have to combine it with the bulking agent. And the bulking agent they use are dextrose and maltodextrin, those are sugars, and they are taken from high fructose corn syrope." See Mercola's YouTube presentation here. Sean Croxton has a YouTube presentation called "The Truth about Splenda/Sucralose" in which he tells about the invention/discovery by two scientists who were looking for a new insecticide, see here.

Joff Wild of IAM Magazine blogged that the expected results could be devastating for Tate & Lyle, read here.