After two years of difficult legal battle, four top Chinese sucralose makers eventually embraced their long expected 337 investigation results.  The International Trade Commission (ITC) of the United States made a final determination on the patent-infringement case brought by the British company Tate & Lyle.  Guangdong Food Industry Institute/L&P Food Ingredient, Changzhou Niutang Chemical Engineering, Hebei Sukerui Science and Technology, Yancheng JK Sweet TM Sucralose do not infringe the patent of Tate & Lyle.  This concluded the victory of the four Chinese companies in this 337 investigation.  Analysts say as long as proper attention is given to creation, use, protection and management of IPRs and adequate response is given to allegation, Chinese companies may certainly have a legitimate chance to win 337 investigation.  Unfortunately, those 11 Chinese sucralose makers who chose to ignore the allegation were found infringement of the patent of Tate & Lyle by the ITC.

Tate & Lyle, the largest sucralose manufacturer in the world, on March 5, 2007 alleged 25 Chinese and American sucralose makers (14 Chinese) infringing five of its patents in a federal district court in Illinois.  After a month, the British company sought 337 investigation of the same 25 companies on the same ground.  The ITC took the case and started investigation from May 6 in the year instant.

(China IP News)