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Sucralose ITC Case

10th Apr 2007 07:00

10 April 2007 - Tate & Lyle PLC Tate & Lyle files United States International Trade Commission (ITC) CaseAlleging Infringement of Patented Sucralose Manufacturing Technology Tate & Lyle announces that on 6 April 2007 its US subsidiary, Tate & LyleSucralose, Inc. filed a United States International Trade Commission (ITC) Casein Washington alleging patent infringement against three Chinese manufacturinggroups as well as 18 importers and distributors. The proceedings allegeinfringement of patented sucralose manufacturing technology in respect ofsucralose manufactured in China and imported to the US by the defendants namedin the case. Robert Gibber, General Counsel of Tate & Lyle said, "Our sucralose manufacturingtechnology is protected by a robust and sophisticated patent estate, which wewill defend rigorously. This action follows the filing with the US FederalDistrict Court in May 2006, which so far has resulted in favourable settlementswith three of the ten defendants cited in that case. As a next step afterlaunching our federal case in 2006, we are now ready to proceed with thisbroader ITC Case and so extend our enforcement action to two more Chinesemanufacturing groups, who have stolen our technology, as well as theirdistribution networks in the US." The ITC has jurisdiction over manufacturers of goods for importation andimporters into the US (even if they are located outside of the US), as well asentities in the US who resell after importation, however small the quantitiesinvolved. The ITC has the right to exclude products from importation into the USthat are shown to infringe a US patent. The defendants named in the Complaint are manufacturers: -- Hebei Sukerui Science and Technology Co., Ltd. (and its affiliated entities Hebei Province Chemical Industry Academe, and Hebei Research Institute of Chemical Industry) -- Changzhou Niutang Chemical Plant Co., Ltd. (and its affiliated entity U.S. Niutang Chemical, Inc.) -- Guangdong Food Industry Institute (and its affiliated entity L&P Food Ingredient Co., Ltd.) The named importers and distributors (and the country of their principal placeof business) are: -- AIDP, Inc. (USA) -- Beijing Forbest Chemical Co., Ltd. (PRC) -- Beijing Forbest Trade Co., Ltd. (PRC) -- Forbest International USA, LLC (USA) -- CJ America, Inc. (USA) -- Fortune Bridge Co. Inc. (USA) -- Garuda International, Inc. (USA) -- Gremount International Co., Ltd. (PRC) -- Heartland Packaging Corporation (USA) -- Lianyungang Natiprol (Int'l) Co., Ltd. (PRC) -- MTC Industries, Inc. (USA) -- Nantong Molecular Technology Co., Ltd. (PRC) -- Nu-Scaan Nutraceuticals, Ltd. (UK) -- ProFood International, Inc. (USA) -- Ruland Chemistry Co., Ltd. (PRC) -- Shanghai Aurisco International Trading Co. Ltd. (PRC) -- Vivion, Inc. (USA) -- Zhongjin Pharmaceutical (Hong Kong) Co., Ltd. (PRC) CONTACTS Mark Robinson, Director of Investor Relations Tel: +44(0)20 7626 6525 or Mobile: +44(0)7793 515861 Ferne Hudson, Head of Media and Public Relations Tel: +44(0)20 7626 6525 or Mobile: +44 (0)7713 067433 About Tate & Lyle: Tate & Lyle is a world leading manufacturer of renewable foodand industrial ingredients. It uses innovative technology to transform corn,wheat and sugar into value-added ingredients for customers in the food,beverage, pharmaceutical, cosmetic, paper, packaging and building industries. The Company is a leader in cereal sweeteners and starches, sugar refining, valueadded food and industrial ingredients, and citric acid. Tate & Lyle is the worldnumber-one in industrial starches and is the sole manufacturer of SPLENDA(R)Sucralose. Headquartered in London, Tate & Lyle is listed on the London Stock Exchangeunder the symbol TATE.L. In the US its ADRs trade under TATYY. The Companyoperates more than 65 production facilities in 29 countries, throughout Europe,the Americas and South East Asia. It employs 7,000 people in its subsidiarieswith a further 4,800 employed in joint ventures. Sales in the year to 31 March2006 totalled £3.7 billion. Additional information can be found on this websitewww.tateandlyle.com. SPLENDA(R) is a trademark of McNeil Nutritionals, LLC Copyright Business Wire 2007

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