The United States International Trade Commission (ITC) has unanimously upheld an initial ITC ruling that found Heartland Sweeteners, LLC did not infringe Tate & Lyle patents for sucralose.  In an initial determination announced in September 2008, ITC Judge Charles Bullock decisively rejected Tate & Lyle’s infringement allegations against Heartland Sweeteners, LLC.

As a result of this recent decision, which came down on April 6, 2009, Heartland is now the only manufacturer of table top sweeteners to have received an official and unanimous ITC ruling that it does not infringe patents for the manufacture of sucralose.

Carmel, Indiana-based Heartland is the first and largest alternative global manufacturer of high quality table top sucralose sweeteners. The company produces its own Nevella brand and private label products.  In 2008, Heartland introduced a natural sweetener under the Ideal brand. nevella

Heartland products are shipped to customers in the U.S., Canada, Mexico, South and Central America and throughout Europe.

The ITC is issuing limited exclusion orders against 11 sweetener companies that defaulted, admitted infringement, or did not participate in the investigation. Heartland is specifically excluded from that order, because the company responded early in the suit when other companies defaulted or failed to respond.

“The decision to incur the fees and costs necessary to fight this complex litigation has turned out to be the right course of action for Heartland. However, we fully expect that Tate & Lyle will continue its efforts which quash competition to their Splenda brand,” said Gelov.

Heartland was represented by attorney Bill O’Connor from the Indianapolis law firm of Dann Pecar Newman & Kleiman.

Source: Inside Indiana Business