The US International Trade Commission ruled Tuesday that sucralose manufacturer Guangdong Food Industry Institute/L&P Food Ingredient Co. Ltd. (GDFII/L&P) did not violate the patent held by Tate & Lyle corporation. Tate & Lyle filed the Section 337 patent dispute filed against GDFII two years ago.
The Guangzhou-based GDFII/L&P issued a statement saying that many potential customers "have held back in ordering product until confirmation of the positive ruling by the ITC," and that with this ruling it was now determined "to aggressively expand our production of sucralose, and to position GDFII/L&P to more fully meet the anticipated high market demand for sucralose globally."
Tate & Lyle appealed the initial ruling in September, after the ITC's Judge Charles E. Bullock found no infringement by GDFII/L&P, and also ruled that one of Tate &Lyle's patents was invalid. The ITC then approved a full review by the commission. Tuesday's ruling was final.
In a statement, Tate & Lyle called the development "disappointing," and said it will review the ITC's full final determination in detail to evaluate its possible options for appeals through the US Federal Circuit Court of Appeals.