ITC patent infringement case: update - 22 Sep 2008

22 Sep 2008

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Tate & Lyle PLC (“Tate & Lyle”) announces that on 22 September 2008 an Administrative Law Judge at the U.S. International Trade Commission (“ITC”) in Washington D.C. gave his initial/preliminary ruling in respect of the patent-infringement case against certain manufacturers and importers of Chinese sucralose. With the exception of certain non-participating and defaulted Defendants, the Judge did not agree with Tate & Lyle’s claims. The Judge’s initial determination concerning the infringement ruling follows the trial earlier this year. A binding final determination by the full six-person Commission is expected by January 2009.

Robert Gibber, General Counsel of Tate & Lyle, said “This is a complex case involving a huge amount of in-depth technical analysis and debate between scientific experts. We would not have proceeded with an ITC case unless we believed we had adequate evidence to demonstrate that our patents are being infringed. We intend to petition for an appeal of the decision by the full Commission.”

Karl Kramer, President, Tate & Lyle Sucralose said, “Intellectual property is just one of a number of different layers of protection which define Tate & Lyle’s formidable competitive advantage in the global sucralose business. Our facilities in the US and Singapore, which operate at a level of cost, efficiency and environmental stewardship surpassed by none, produce 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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About Tate & Lyle PLC:

Supported by our 165-year history of ingredient innovation, we partner with customers to provide consumers with healthier and tastier choices when they eat and drink. We are proud that millions of people around the world consume products containing our ingredients and solutions every day.

Through our leading expertise in sweetening, mouthfeel and fortiﬁcation, we develop ingredients and solutions which reduce sugar, calories and fat, add ﬁbre and protein, and provide texture and stability to food and drink in categories including beverages, dairy, bakery, snacks, soups, sauces, and dressings.

Tate & Lyle recently acquired CP Kelco, a leading provider of pectin, speciality gums and other nature-based ingredients to create a leader in mouthfeel, significantly enhancing our solutions capabilities. Following this combination, we now have more than 5,000 employees working in around 75 locations in 39 countries, serving customers in more than 120 countries. Science, Solutions, Society is our brand promise and how we will achieve our purpose of Transforming Lives through the Science of Food. By living our purpose, we believe we can successfully grow our business and have a positive impact on society. We live our purpose in three ways, by supporting healthy living, building thriving communities and caring for our planet.

Tate & Lyle is listed on the London Stock Exchange under the symbol TATE.L. American Depositary Receipts trade under TATYY. For the year ended 31 March 2024, and on a pro forma basis which assumes for illustrative purposes that the combination with CP Kelco took place on 1 April 2023, revenue for the enlarged Tate & Lyle Group would have been £2.25 billion. For more information, please visit www.tateandlyle.com or follow Tate & Lyle on LinkedIn, X (Twitter), Facebook or YouTube

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