ITC patent infringement case: update - 06 Apr 2009

Tate & Lyle PLC (“Tate & Lyle”) reports that the full six-person International Trade Commission (“ITC”) in Washington D.C. today upheld in all material respects the initial ruling of an Administrative Law Judge of the ITC given on 22 September 2008 in respect of its patent-infringement case against certain manufacturers of Chinese sucralose. This represents a binding and final determination by the ITC.

Tate & Lyle will review the ITC’s full final determination in detail when it is received and then evaluate its possible options in respect of any further appeals through the US Federal Circuit Court of Appeals.

Karl Kramer, President, Tate & Lyle Sucralose said, “While this development is disappointing, intellectual property is just one of the many components which define Tate & Lyle’s formidable competitive advantage in the global sucralose business. Our manufacturing facilities operate at a level of cost, efficiency and environmental stewardship surpassed by none, producing sucralose which meets the highest standards of quality, purity and hygiene. Our business is built upon long-standing relationships with some of the world’s leading food, beverage and pharmaceutical manufacturers, as well as the established SPLENDA® brand which is renowned as a high quality, reliable and trusted product in a number of markets.”

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