Motif Foodworks announced today it has filed four additional challenges to U.S. patents held by Impossible Foods, pointing to a recent preliminary decision by the European Patent Office (EPO) to revoke a key European patent of Impossible’s.
According to Motif, the EPO recently revoked Impossible patent No. 2,943,072 B1 (‘072), which centers around making meat alternatives utilizing heme protein, sugars and sulfur compounds. In its release, Motif said they concurred with the EPO’s conclusion that the innovation claimed by Impossible is “obvious”, since these innovations have been used in the creation of food “for decades”.
“We agree with the European Patent Office’s ruling that Impossible’s patent is obvious and look at it as a win for the industry – and a sign of things to come,” said Michael Leonard, CEO of Motif FoodWorks.
For its part, Impossible has told The Spoon that the decision by the EPO is a temporary one and they are appealing it, and for the time being, the patent remains fully enforceable.
“We’re optimistic that the Boards of Appeal will review and overturn this decision,” said an Impossible spokesperson.
The patent fight between the two companies started last March when Impossible sued Motif for violating an Impossible patent (No. 10,863,761). Impossible’s lawsuit claimed that Motif has been able to gain an understanding of its process through information in the public domain, which then helped it develop its HEMAMI protein. The lawsuit also calls out Motif and parent company Ginkgo’s claims that its novel protein can essentially replace Impossible’s proprietary heme.
Motif fought back, filing a petition with the Patent Trial and Appeal Board (“PTAB”) to invalidate Impossible’s patent at the center of the lawsuit against them. The petition, known in legalese as an “inter partes review” (“IPR”), could allow Motif to ask a panel of judges from the U.S. Patent and Trademark Office (“USPTO”) to review the Impossible Foods’ patent for to beef replicas.
Impossible has since added four additional patents related to plant-based meat formulations to its lawsuit and, in light of the EPO decision, Motif is now challenging these patents (US11,224,241, US11,013,250, US10,039,306, and US9,943,096). All four of these patents relate to the creation of flavors and aromas in alt meat that contains heme protein, sugars, and sulfur compounds.
Motif might have an uphill battle on its hands, especially given the US Patent Trial and Appeal Board ruled in October that Motif’s challenge to Impossible’s patent at the center of the original lawsuit is invalid, writing Motif “has not shown a reasonable likelihood that it will prevail in showing that at least one of the challenged claims is unpatentable” and declining to review the case.
“Motif has tried repeatedly to avoid accountability for its theft by attempting to have Impossible’s lawsuit dismissed, delayed, and petitioning for our patent to be reviewed and revoked,” said an Impossible spokesperson. “Both the District Court and the Patent Office have rejected Motif’s requests. The case is proceeding, and Motif can no longer skirt accountability for its theft of our technology. We remain wholly confident in our position and are confident that Motif will be held accountable.”
The battle has serious implications for both companies. Impossible has pointed to its proprietary heme product as the secret to much of its success in achieving a realistic plant-based alternative to animal meat. Meanwhile, Motif hopes to offer its Hemami product to plant-based meat makers to help them create make products that could rival Impossible’s in terms of realistic taste and aroma.
The IP wars for future food are only going to continue heat up as we see increased competition in the market.
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