Press Release
Unanimous Ruling favors Hebei Sukerui Science and Technology Co.
NEW YORK, April 8, 2009 – The six-member U.S. International Trade Commission (ITC) unanimously confirmed a September 2008 ruling in favor of Kenyon & Kenyon client Hebei Sukerui Science and Technology Co., Ltd. in a closely-watched patent infringement case brought by Tate & Lyle Technology over processes used to manufacture sucralose, an artificial sweetener marketed under the Splenda® brand.
The ITC rejected Tate & Lyle’s patent infringement allegations against Hebei Sukerui, a leading Chinese manufacturer of sucralose, and its distributors, and affirmed the September 2008 ruling by Administrative Law Judge Charles E. Bullock that Hebei Sukerui’s process does not infringe the sole Tate & Lyle patent asserted against Hebei Sukerui.
The ITC also affirmed Judge Bullock’s ruling that the only Tate & Lyle patent asserted against Hebei Sukerui is invalid. In view of these rulings, the ITC will not issue an exclusion order against sucralose manufactured by Hebei Sukerui and imported into the United States.
Mr. Wang Mantang, Chairman of Hebei Sukerui, is pleased with the ITC decision: “As the largest sucralose manufacturer in China, we are confident in the competitiveness of our technology and products. We look forward to enhancing our sales and expanding our market share in the world.”
Hebei Sukerui was represented by Kenyon partners Marcia Sundeen, lead trial counsel and head of the firm’s International Trade Commission Practice Group, and Michael Shen of the firm’s Washington, D.C. office and Jiabin Wang, Senior Partner at Lifang & Partners and Richard Liu of Lifang.
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.
About Lifang & Partners
Lifang & Partners is a leading IP litigation firm in China.