After two years of difficult legal battle, a top Chinese sucralose maker, Yancheng JK Sucralose Inc, eventually embraced the long expected 337 investigation results. Recently, the US International Trade Commission (USITC) has made a final determination that the manufacturing process used by Yancheng JK Sucralose Inc, a Jiangsu province-based sucralose manufacturer, did not infringe the patents of US company Tate & Lyle Inc.
JK Sucralose Inc is the first and still the only company in China to take the initiative to join a USITC investigation: The company spent about $3.3 million on the investigation, and has finally overcome the accusation of a big international competitor against Chinese companies and products in the sucralose sector.
According to ITC's statement, Tate & Lyle Technology Limited of London, United Kingdom and Tate & Lyle Sucralose Inc of Decatur, Illinois, the United States (combined as Tate & Lyle Group) filed a complaint with the ITC against three Chinese sucralose manufacturing enterprises for their sucralose and sucralose-based products, and 25 other companies on April 6, 2007.
To uphold its brand's market share and public image in the international sweetener market, Yancheng JK Sucralose Inc decided to actively respond to the plaintiff. JK Sucralose later submitted an application to the ITC for getting involved voluntarily in the lawsuit on Aug 15, 2007.
On April 6, 2009, ITC published on its website the final determination: In accordance with ITC's procedure, no violation of section 337 was found in JK Sucralose's export product business to the US market, and the manufacturing process of Yancheng JK Sucralose Inc did not infringe Tate & Lyle's patents. ITC also ruled some alleged patents of Tate & Lyle Group were invalid.
This IPR case captured wide attention, and JK Sucralose Inc's victory set a positive example for export-oriented Chinese companies and they are encouraged to stand up for themselves on IPR issues. It also reminds Chinese enterprises that whenever an enterprise is involved in an international patent dispute, it should take a positive attitude and defend its own rights and interests.
