Alt-protein producer Impossible Foods has (finally) settled its multi-year patent infringement suit against Motif FoodWorks, a spinoff of Massachusetts-based Gingko Bioworks, according to a dismissal order filed yesterday in Delaware District Court.
The spat began in March 2022 when Impossible filed a lawsuit alleging Motif willfully and indirectly [see below] infringed on at least one of its patents by using a heme-containing protein in a “beef replica product.” According to the complaint, heme-containing proteins and the discovery that heme is essential to replicating the taste, aroma and mouthfeel of animal-derived meat fall under Impossible’s patent protections. “We applaud other companies’ efforts to develop compelling plant-based products, but we do not tolerate attempts to undermine our brand or products through the deliberate and unauthorized infringement of our intellectual property,” a spokesperson from Impossible said at the time of the suit. In November 2022, the court refused to toss claims that Motif was ripping off Impossible’s patents on meat-alternative foods, saying it was too early to resolve the dispute. At the time, the judge said various limitations of the at-issue patent claims had “at least two plausible constructions.” However, Motif recently notched a win against Impossible when a three-judge panel for the Patent Trial and Appeal Board (PTAB) invalidated nearly two dozen claims on Impossible’s food tech patent for the use of heme in alternative proteins to affect taste and aroma in June. Impossible’s claims were deemed invalid due to prior patents and applications that had been filed. Impossible’s heme was originally derived from soybean root nodules; comparatively, Motif’s was developed using bovine cells called HEMAMI, for which the company secured generally recognized as safe (GRAS) certification in 2021. Both companies use fermentation technology to produce these ingredients. As part of yesterday’s agreement between Impossible and Motif in Delaware District Court, neither party will be able to renew any allegations. | 
