Fish & Richardson Wins Final ITC Ruling in JK Sucralose Patent Case

JK Sucralose Found Not to Infringe Tate & Lyle's Artificial Sweetener Patent; Patent Also Ruled Invalid


WASHINGTON, DC--(Marketwire - April 12, 2009) - Fish & Richardson received a final determination from the International Trade Commission (ITC) on April 7, 2009 that JK Sucralose Inc., one of the world's largest sucralose manufacturers, does not infringe U.S. Patent Number 4,980,463 asserted by British sugar company Tate & Lyle PLC. The ITC also found that the patent is invalid.

Tate & Lyle PLC, which markets sucralose sweetener under the name Splenda®, initially filed a complaint with the ITC against three Chinese manufacturers of sucralose and 18 companies that imported sucralose or distributed it in the U.S. JK Sucralose successfully intervened in the ITC investigation on August 15, 2007 to defend its own sucralose manufacturing process and product.

"Our client was confident that its manufacturing process did not infringe the asserted patent and wanted to protect its customers in the U.S. Their whole business was at stake," said Craig Smith, a principal in Fish & Richardson's Boston office who handled the case. "Many companies that purchase sucralose as an ingredient have been waiting to see the outcome of this ITC investigation. This is a complete victory for JK Sucralose."

JK Sucralose Inc. is one of the largest sucralose manufacturers in the world and markets its sucralose under the JK Sweet™ brand. The company is based in Beijing, China and has offices in Edison, NJ.

Fish & Richardson is a leading global law firm unlike any other law firm in the world. With 450 lawyers practicing intellectual property, litigation, and corporate law, Fish has redefined IP law for a market that values IP as a fundamental business asset. The firm offers unique expertise to help clients maximize the value of their intangible assets. Fish was recently named one of the leading IP law firms in the United States by Managing Intellectual Property (MIP) magazine, with top rankings in eleven categories, including Patent Prosecution, Patent Litigation, Life Sciences, and the International Trade Commission (ITC) (MIP, February 2009). Fish handles more patent litigation than any other law firm both in the federal district courts (IP Law & Business, July 2008) and at the ITC (IP Law & Business, June 2008).

Contact Information: Contact: Amy Blumenthal Blumenthal & Associates (617) 879-1511