`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 22-311 (WCB)
`
`))))))))
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`IMPOSSIBLE FOODS INC.,
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`
`Plaintiff,
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`
`
`v.
`
`
`MOTIF FOODWORKS, INC.,
`
`
`
`)
`
`NOTICE OF FILING OF PETITIONS FOR INTER PARTES REVIEW
`
`Defendant.
`
`
`
`Defendant Motif FoodWorks, Inc., (“Motif”) hereby notifies the Court of the following
`
`petitions for inter partes review (“IPR”) against six of the patents asserted against it in this action:
`
`IPR No.
`
`Patent-in-Suit
`
`Claims Challenged
`
`Date Filed
`
`IPR2023-00206
`
`IPR2023-00207
`
`IPR2023-00208
`
`9,943,096
`
`11,224,241
`
`11,013,250
`
`IPR2023-00209
`
`10,039,306
`
`IPR2023-00321
`
`IPR2023-00322
`
`10,689,656
`
`10,273,492
`
`1-12, 14-24
`
`December 7, 2022
`
`1-23
`
`December 7, 2022
`
`1, 3-13, 15-23
`
`December 7, 2022
`
`1, 3-11, 13-14, 16-24,
`26-27, 29-33
`
`December 7, 2022
`
`1-28
`
`1-14
`
`January 28, 2023
`
`January 28, 2023
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`
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`Motif also hereby notifies the Court that the Opposition Division of the European Patent
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`Office (EPO) recently revoked Impossible’s European Union Patent No. 2,943,072 B1 (the ʼ072
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`EU Patent). The ʼ072 EU Patent is titled “Methods and Compositions for Affecting the Flavor and
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`Aroma Profile of Consumables,” and is related to four of the Impossible Foods’ patents Motif is
`
`challenging through IPR: U.S. Patent Nos. 9,943,096; 11,224,241; 11,013,250; and 10,039,306.
`
`The ʼ072 EU Patent and each of the aforementioned U.S. Patents purport to claim priority to the
`
`
`
`Case 1:22-cv-00311-WCB Document 54 Filed 02/08/23 Page 2 of 3 PageID #: 2227
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`same two provisional applications—61/908,634, filed November 25, 2013, and 61/751,861, filed
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`January 1, 2013—as well as the same original non-provisional application—13/941,211, filed July
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`13, 2014. Additionally, the ʼ072 EU Patent and U.S. Patents each relate generally to compositions
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`comprising (1) a heme-containing protein, primarily leghemoglobin, and (2) certain sugar and
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`sulfur compounds that supposedly create flavors and/or aromas of meat, or beef, during the
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`cooking process. The Opposition Division concluded, among other things, that the ʼ072 EU Patent
`
`was invalid for lack of inventive step.
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`
`
`/s/ Jeremy A. Tigan
`Jeremy A. Tigan (#5239)
`Lucinda C. Cucuzzella (#3491)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jtigan@morrisnichols.com
`ccucuzzella@morrisnichols.com
`
`Attorneys for Defendant Motif FoodWorks, Inc.
`
`
`
`
`
`OF COUNSEL:
`
`Joseph M. Paunovich
`Sandra L. Haberny
`Ryan Landes
`Sarah Cork
`QUINN EMANUEL URQUHART
`& SULLIVAN, LLP
`865 S. Figueroa Street, 10th Floor
`Los Angeles, CA 90017
`(213) 443-3000
`
`Stephen Q. Wood
`QUINN EMANUEL URQUHART
`& SULLIVAN, LLP
`2755 E. Cottonwood Parkway
`Suite 430
`Salt Lake City, UT 84121
`(801) 515-7300
`
`February 8, 2023
`
`
`
`2
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`
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`Case 1:22-cv-00311-WCB Document 54 Filed 02/08/23 Page 3 of 3 PageID #: 2228
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 8, 2023, I caused the foregoing to be electronically filed
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`with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
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`I further certify that I caused copies of the foregoing document to be served on
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`February 8, 2023, upon the following in the manner indicated:
`
`Ian R. Liston, Esquire
`Jennifer A. Ward, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`Attorneys for Plaintiff Impossible Foods Inc.
`
`Matthew R. Reed, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Attorneys for Plaintiff Impossible Foods Inc.
`
`Wendy L. Devine, Esquire
`Susannah M. L. Gagnon, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, CA 94105
`Attorneys for Plaintiff Impossible Foods Inc.
`
`Lorelei P. Westin, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`12235 El Camino Real
`San Diego, CA 92130
`Attorneys for Plaintiff Impossible Foods Inc.
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`/s/ Jeremy A. Tigan
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`Jeremy A. Tigan (#5239)
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