The high-profile legal battle between Impossible Foods and Motif FoodWorks over the use of meaty-tasting heme proteins in plant-based meat has come to a close after two and a half years of costly wrangling over IP.
The dispute began in March 2022 when Impossible Foods filed a lawsuit accusing Motif of infringing patents covering the use of heme proteins in meat alternatives. It has since taken many twists and turns, with Motif at one point accusing Impossible of hiring private investigators to “covertly” obtain info about Motif’s products, something which the court found did not violate rules of professional conduct.
The US Patent Trial and Appeal Board recently invalidated one Impossible Foods patent involved in the lawsuit following a challenge by Motif, but denied requests to review six other patents at issue in the litigation.
Impossible Foods’ flagship heme protein is identical to soy leghemoglobin, a protein found in nodules attached to the roots of nitrogen-fixing plants such as soy; while Motif FoodWorks’ HEMAMI heme protein is identical to bovine myoglobin, which is found in the muscle tissue of cows. Both are produced via precision fermentation using a genetically engineered strain of yeast.
Impossible accused Motif of IP theft, while Motif argued that the parties’ proteins were different and that many of the inventions claimed in Impossible Foods’ patents were obvious and disclosed in the prior art.
Impossible to take over Motif’s heme-related business
Under an agreement filed with a court in Delaware today, the warring parties, including Ginkgo Bioworks, which was added as a defendant during the litigation, have agreed to dismiss the case with prejudice (such that it cannot be brought back to court), with “each party to bear its own costs, expenses, and attorneys’ fees.”
According to a joint statement issued by the three parties: “Under the terms of the agreement, Impossible Foods will take over Motif FoodWorks’ heme-related business.
“The parties remain committed to advancing the plant-based, meat alternative food industry through innovation, collaboration, and fair competition, and are united in their belief that plant-based foods play a critical role in addressing global environmental challenges while providing consumers with delicious and nutritious alternatives.
“This resolution affirms Impossible Foods’ category leadership and the strength of its product portfolio related to heme.”
*The case is Impossible Foods v Motif FoodWorks. Case #1:22-cv-00311 filed March 9, 2022