Press Release
New York, September 25, 2008 – The intellectual property law firm Kenyon & Kenyon LLP obtained a favorable ruling for client Hebei Sukerui Science and Technology Co., Ltd. before an Administrative Law Judge at the United States International Trade Commission (ITC). The ruling was in a closely watched patent infringement case brought in April 2007 by Tate & Lyle Technology Limited, the company that produces and sells sucralose, a sugar substitute, under the Splenda® brand.
ITC Administrative Law Judge Charles E. Bullock rejected Tate & Lyle’s patent infringement claims against Kenyon & Kenyon’s client, a Chinese manufacturer of sucralose, as well as numerous other distributors. Judge Bullock also found that the Tate & Lyle patent asserted against Sukerui was invalid. Tate & Lyle has announced that it will appeal the decision to the full International Trade Commission.
Sucralose is a low-calorie sweetener made from sugar. It is used around the world as an ingredient in processed foods and beverages and in tabletop sweeteners available in supermarkets and other consumer outlets.
Marcia Sundeen, lead trial counsel for Kenyon & Kenyon client Hebei Sukerui Science and Technology Co. and head of the firm’s International Trade Commission Practice Group, said:
“This decision was important for our client because sucralose represents a significant part of their business. We’re pleased that Judge Bullock agreed with our arguments.”
Kenyon & Kenyon LLP partnered with the Chinese law firm of Lifang & Partners in this ITC investigation.
About Kenyon & Kenyon LLP
Kenyon & Kenyon is consistently ranked by peers and in-house counsel as one of the top firms for intellectual property law. Since its founding in 1879, the firm has provided its worldwide clientele with litigation, prosecution, licensing and counseling services. Large and small enterprises and individuals choose Kenyon to design and implement intellectual property strategies when it matters most. The firm has offices in New York, Washington, DC and the Silicon Valley.