Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 1 of 57 PageID #: 14345
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 22-311 (WCB)
`
`))))))))))
`
`IMPOSSIBLE FOODS INC.,
`
`Plaintiff,
`
`v.
`
`MOTIF FOODWORKS, INC. and
`GINKGO BIOWORKS, INC.,
`
`Defendants.
`
`DEFENDANT MOTIF FOODWORKS, INC.’S ANSWER TO THIRD AMENDED
`COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF AND COUNTERCLAIMS
`
`Pursuant to the Court’s Scheduling Order (D.I. 37 at paragraph 7), Defendant Motif
`
`FoodWorks, Inc. (“Motif”) hereby submits its Answer and Counterclaims to Plaintiff Impossible
`
`Foods, Inc.’s (“Impossible”) Third Amended Complaint for Patent Infringement (“Complaint”).
`
`Motif responds as follows:
`
`RESPONSES TO SPECIFIC ALLEGATIONS OF THE COMPLAINT
`THE PARTIES
`
`1.
`
`Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 1 of the Complaint and, on that basis, denies them.
`
`2.
`
`Motif admits that it is a Delaware corporation with its principal place of business
`
`in Boston, Massachusetts. Motif denies the remaining allegations in Paragraph 1 of the Complaint
`
`to the extent they do not fully or accurately represent Motif’s advertisements or business
`
`operations.
`
`3.
`
`Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 3 of the Complaint and, on that basis, denies them.
`
`4.
`
`Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 4 of the Complaint and, on that basis, denies them.
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 2 of 57 PageID #: 14346
`
`5.
`
`6.
`
`Motif denies that it has sought to improperly compete with Impossible Foods.
`
`Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 6 of the Complaint and, on that basis, denies them.
`
`7.
`
`Motif admits that the Complaint purports to seek damages and other relief. Motif
`
`denies the remaining allegations of Paragraph 7 of the Complaint, and specifically denies it has
`
`committed acts of infringement.
`
`NATURE OF THE ACTION
`
`8.
`
`Motif admits that the Complaint purports to allege patent infringement, but
`
`specifically denies it has committed acts of infringement.
`
`9.
`
`Motif denies the allegations contained in Paragraph 9 of the Complaint.
`
`10. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 10 of the Complaint and, on that basis, denies them.
`
`11. Motif admits that the Complaint purports to seek damages and injunctive relief.
`
`Motif denies the remaining allegations of Paragraph 11 of the Complaint, and specifically denies
`
`it has committed acts of infringement.
`
`JURISDICTION AND VENUE
`
`12. Motif admits that this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
`
`and 1338(a) and that this action purports to arise under the Patent Act, 35 U.S.C. § 1 et seq.
`
`13. Motif admits Paragraph 13 of the Complaint.
`
`14. Motif admits Paragraph 14 of the Complaint.
`
`BACKGROUND
`
`15. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 15 of the Complaint and, on that basis, denies them.
`
`2
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 3 of 57 PageID #: 14347
`
`16. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 16 of the Complaint and, on that basis, denies them.
`
`17. Motif admits that heme is part of a hemoprotein molecule called soy
`
`leghemoglobin, or LegH, and that LegH is found in the root nodules of soy plants. Motif lacks
`
`sufficient knowledge or information to form a belief as to the truth or falsity of the remaining
`
`allegations in Paragraph 17 of the Complaint and, on that basis, denies them.
`
`18. Motif admits that LegH can be produced by growing soy plants, harvesting the root
`
`nodules and isolating the hemoprotein. Motif lacks sufficient knowledge or information to form a
`
`belief as to the truth or falsity of the remaining allegations in Paragraph 18 of the Complaint and,
`
`on that basis, denies them.
`
`19. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 19 of the Complaint and, on that basis, denies them.
`
`20. Motif states that Paragraph 20 of the Complaint is vague and ambiguous regarding
`
`what alleged patents and elements Impossible Foods is referring to. As a result, Motif lacks
`
`sufficient knowledge or information to form a belief as to the truth or falsity of the allegations in
`
`Paragraph 20 of the Complaint and, on that basis, denies them.
`
`21. Motif admits that the ’096 Patent is titled “Methods and Compositions for Affecting
`
`the Flavor and Aroma Profile of Consumable,” and that the ’096 Patent indicates that it was issued
`
`by the USPTO on April 17, 2018. Except as expressly admitted, Motif denies the remaining
`
`allegations of Paragraph 21 of the Complaint.
`
`22. Motif admits that the ’306 Patent is titled “Methods and Compositions for
`
`Consumables,” and that the ’306 Patent indicates that it was issued by the USPTO on August 7,
`
`3
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 4 of 57 PageID #: 14348
`
`2018. Except as expressly admitted, Motif denies the remaining allegations of Paragraph 22 of the
`
`Complaint.
`
`23. Motif admits that the ’492 Patent is titled “Expression Constructs and Methods of
`
`Genetically Engineering Methylotrophic Yeast,” and that the ’492 Patent indicates that it was
`
`issued by the USPTO on April 20, 2019. Except as expressly admitted, Motif denies the remaining
`
`allegations of Paragraph 23 of the Complaint.
`
`24. Motif admits that the ’656 Patent is titled “Expression Constructs and Methods of
`
`Genetically Engineering Methylotrophic Yeast,” and that the ’656 Patent indicates that it was
`
`issued by the USPTO on June 23, 2020. Except as expressly admitted, Motif denies the remaining
`
`allegations of Paragraph 24 of the Complaint.
`
`25. Motif admits that the ’761 Patent is titled “Methods and Compositions for
`
`Consumables,” and that the ’761 Patent indicates that it was issued by the USPTO on December
`
`15, 2020. Except as expressly admitted, Motif denies the remaining allegations of Paragraph 25 of
`
`the Complaint.
`
`26. Motif admits that the ’250 Patent is titled “Methods and Compositions for
`
`Consumables,” and that the ’250 Patent indicates that it was issued by the USPTO on May 25,
`
`2021. Except as expressly admitted, Motif denies the remaining allegations of Paragraph 26 of the
`
`Complaint.
`
`27. Motif admits that the ’241 Patent is titled “Methods and Compositions for
`
`Consumables,” and that the ’241 Patent indicates that it was issued by the USPTO on January 18,
`
`2022. Except as expressly admitted, Motif denies the remaining allegations of Paragraph 27 of the
`
`Complaint.
`
`4
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 5 of 57 PageID #: 14349
`
`MOTIF’S ALLEGED PRODUCT DEVELOPMENT
`
`28. Motif admits that it was launched as a spinout from Ginkgo Bioworks. Motif admits
`
`that Ginkgo Bioworks is one of many investors in Motif. Except as expressly admitted, Motif
`
`denies the remaining allegations in Paragraph 28 of the Complaint.
`
`29.
`
`Paragraph 29 of the Complaint allegedly quotes Motif with no citation for the
`
`source material. To the extent the allegations in Paragraph 29 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 29 of the Complaint.
`
`30.
`
`To the extent the allegations in Paragraph 30 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 30 of the Complaint.
`
`31.
`
`To the extent the allegations in Paragraph 31 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 31 of the Complaint.
`
`32.
`
`To the extent the allegations in Paragraph 32 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`5
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 6 of 57 PageID #: 14350
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 32 of the Complaint.
`
`33. Motif admits that it makes meat alternatives that include the ingredient HEMAMI.
`
`To the extent the allegations in Paragraph 33 of the Complaint purport to describe or quote one or
`
`more documents or webpages, Motif asserts that those documents or webpages are the best source
`
`of their full content and context. Motif denies the allegations to the extent they do not accurately
`
`represent the documents’ or webpages’ full content and context. Except as expressly admitted,
`
`Motif denies the remaining allegations in Paragraph 33 of the Complaint.
`
`34. Motif admits that HEMAMI contains heme. To the extent the allegations in
`
`Paragraph 34 of the Complaint purport to describe or quote one or more documents or webpages,
`
`Motif asserts that those documents or webpages are the best source of their full content and context.
`
`Motif denies the allegations to the extent they do not accurately represent the documents’ or
`
`webpages’ full content and context. Except as expressly admitted, Motif denies the remaining
`
`allegations in Paragraph 34 of the Complaint.
`
`35. Motif admits that it made an April 2021 submission to the FDA. Motif asserts that
`
`its FDA submission is the best source of the submission’s full content and context. Motif denies
`
`the allegations of Paragraph 35 to the extent they do not accurately represent the FDA submission’s
`
`full content and context. Except as expressly admitted, Motif denies the remaining allegations in
`
`Paragraph 35 of the Complaint.
`
`36. Motif admits that HEMAMI contains bovine myoglobin and that the GRAS
`
`notification covers HEMAMI.
`
`37. Motif Admits that it made a submission to the FDA Office of Food Additive Safety
`
`and that Motif Foodworks’ myoglobin is produced using a modified strain of P. pastoris modified
`
`6
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 7 of 57 PageID #: 14351
`
`to express Bos taurus (bovine myoglobin) protein. Except as expressly admitted, Motif denies the
`
`remaining allegations in Paragraph 37 of the Complaint.
`
`MOTIF’S ALLEGED INFRINGING PRODUCTS AND ACTIVITIES
`
`38. Motif admits that it has developed its own products, including a plant-based burger,
`
`and has sampled them at trade shows. Except as expressly admitted, Motif denies the remaining
`
`allegations in Paragraph 38 of the Complaint and specifically denies it has committed acts of
`
`infringement.
`
`39. Motif admits that its products contain HEMAMI. Except as expressly admitted,
`
`Motif denies the remaining allegations in Paragraph 39 of the Complaint.
`
`40. Motif admits that it has developed its own products, including a plant-based burger
`
`containing HEMAMI, and that Coolgreens provided the plant-based Burger to consumers at the
`
`Coolgreens location. Except as expressly admitted, Motif denies the remaining allegations in
`
`Paragraph 40 of the Complaint and specifically denies it has committed acts of infringement.
`
`41. Motif admits that it has developed its own products, including a plant-based burger
`
`containing HEMAMI, and that Coolgreens provided the plant-based Burger to consumers at the
`
`Coolgreens location. Except as expressly admitted, Motif denies the remaining allegations in
`
`Paragraph 41 of the Complaint and specifically denies it has committed acts of infringement.
`
`42. Motif denies the allegations contained in Paragraph 42 of the Complaint.
`
`43. Motif admits that it launched HEMAMI and that it can be used in foods including
`
`plant-based foods. Except as expressly admitted, Motif denies the remaining allegations in
`
`Paragraph 43 of the Complaint and specifically denies it has committed acts of infringement.
`
`44. Motif admits it is constructing a new research and development center along with
`
`a pilot-scale production facility for HEMAMI and other products in Massachusetts. Motif admits
`
`7
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 8 of 57 PageID #: 14352
`
`that the facility will feature three pilot plants for fermentation, ingredient, and finished-product
`
`production, and that the food technologies and finished products created at the site will be used for
`
`consumer testing and customer sampling, as well as validating process techniques. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 44 of the Complaint and
`
`specifically denies it has committed acts of infringement.
`
`45. Motif admits it previously utilized Solar Biotech’s development and fermentation
`
`capabilities for pilot-scale production of HEMAMI. Except as expressly admitted, Motif denies
`
`the remaining allegations in Paragraph 45 of the Complaint and specifically denies it has
`
`committed acts of infringement.
`
`46. Motif denies the allegations contained in Paragraph 46 of the Complaint.
`
`47. Motif denies the allegations contained in Paragraph 47 of the Complaint.
`
`48.
`
`To the extent the allegations in Paragraph 48 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 48 of the Complaint.
`
`49.
`
`To the extent the allegations in Paragraph 49 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 49 of the Complaint.
`
`50.
`
`To the extent the allegations in Paragraph 50 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`8
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 9 of 57 PageID #: 14353
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 50 of the Complaint.
`
`GINGKO BIOWORKS’ ALLEGEDLY INFRINGING YEAST AND ACTIVITIES
`
`51.
`
`To the extent the allegations in Paragraph 51 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 51 of the Complaint.
`
`52.
`
`To the extent the allegations in Paragraph 52 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 52 of the Complaint.
`
`53.
`
`To the extent the allegations in Paragraph 53 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 53 of the Complaint.
`
`54.
`
`To the extent the allegations in Paragraph 54 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`9
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 10 of 57 PageID #: 14354
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 54 of the Complaint.
`
`55.
`
`To the extent the allegations in Paragraph 55 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 55 of the Complaint.
`
`56.
`
`To the extent the allegations in Paragraph 56 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 56 of the Complaint.
`
`57.
`
`To the extent the allegations in Paragraph 57 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 57 of the Complaint.
`
`58. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 58 of the Complaint and, on that basis, denies them.
`
`59. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 59 of the Complaint and, on that basis, denies them.
`
`60. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 60 of the Complaint and, on that basis, denies them.
`
`10
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 11 of 57 PageID #: 14355
`
`61. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 61 of the Complaint and, on that basis, denies them.
`
`62.
`
`To the extent the allegations in Paragraph 62 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 62 of the Complaint.
`
`63.
`
`To the extent the allegations in Paragraph 63 of the Complaint purport to describe
`
`or quote one or more documents or webpages, Motif asserts that those documents or webpages are
`
`the best source of their full content and context. Motif denies the allegations to the extent they do
`
`not accurately represent the documents’ or webpages’ full content and context. Except as
`
`expressly admitted, Motif denies the remaining allegations in Paragraph 63 of the Complaint.
`
`COUNT I. INFRINGEMENT OF THE ‘096 PATENT BY MOTIF
`
`64. Motif incorporates by reference each of its responses set forth above as if fully set
`
`forth herein.
`
`65. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 65 of the Complaint and, on that basis, denies them.
`
`66.
`
`To the extent the allegations in Paragraph 66 of the Complaint purport to describe
`
`or quote one or more claims of the ‘096 Patent, Motif asserts that ‘096 Patent is the best source of
`
`its full content and context. Motif denies the allegations to the extent they do not accurately
`
`represent the full content and context of the ‘096 Patent. Except as expressly admitted, Motif
`
`denies the remaining allegations in Paragraph 66 of the Complaint.
`
`67. Motif denies the allegations contained in Paragraph 67 of the Complaint.
`
`11
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 12 of 57 PageID #: 14356
`
`68. Motif denies the allegations contained in Paragraph 68 of the Complaint.
`
`69. Motif denies the allegations contained in Paragraph 69 of the Complaint.
`
`70. Motif denies the allegations contained in Paragraph 70 of the Complaint.
`
`71. Motif denies the allegations contained in Paragraph 71 of the Complaint.
`
`72. Motif denies the allegations contained in Paragraph 72 of the Complaint.
`
`73. Motif denies the allegations contained in Paragraph 73 of the Complaint.
`
`74. Motif denies the allegations contained in Paragraph 74 of the Complaint.
`
`75. Motif denies the allegations contained in Paragraph 75 of the Complaint.
`
`76. Motif denies the allegations contained in Paragraph 76 of the Complaint.
`
`77. Motif denies the allegations contained in Paragraph 77 of the Complaint.
`
`COUNT II. INFRINGEMENT OF THE ‘306 PATENT BY MOTIF
`
`78. Motif incorporates by reference each of its responses set forth above as if fully set
`
`forth herein.
`
`79. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 79 of the Complaint and, on that basis, denies them.
`
`80.
`
`To the extent the allegations in Paragraph 80 of the Complaint purport to describe
`
`or quote one or more claims of the ‘306 Patent, Motif asserts that ‘306 Patent is the best source of
`
`its full content and context. Motif denies the allegations to the extent they do not accurately
`
`represent the full content and context of the ‘306 Patent. Except as expressly admitted, Motif
`
`denies the remaining allegations in Paragraph 80 of the Complaint.
`
`81. Motif denies the allegations contained in Paragraph 81 of the Complaint.
`
`82. Motif denies the allegations contained in Paragraph 82 of the Complaint.
`
`83. Motif denies the allegations contained in Paragraph 83 of the Complaint.
`
`12
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 13 of 57 PageID #: 14357
`
`84. Motif denies the allegations contained in Paragraph 83 of the Complaint.
`
`85. Motif denies the allegations contained in Paragraph 85 of the Complaint.
`
`86. Motif denies the allegations contained in Paragraph 86 of the Complaint.
`
`87. Motif denies the allegations contained in Paragraph 87 of the Complaint.
`
`88. Motif denies the allegations contained in Paragraph 88 of the Complaint.
`
`89. Motif denies the allegations contained in Paragraph 89 of the Complaint.
`
`90. Motif denies the allegations contained in Paragraph 90 of the Complaint.
`
`91. Motif denies the allegations contained in Paragraph 91 of the Complaint.
`
`92. Motif denies the allegations contained in Paragraph 92 of the Complaint.
`
`COUNT III. INFRINGEMENT OF THE ‘492 PATENT BY MOTIF
`
`93. Motif incorporates by reference each of its responses set forth above as if fully set
`
`forth herein.
`
`94. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 94 of the Complaint and, on that basis, denies them.
`
`95.
`
`To the extent the allegations in Paragraph 95 of the Complaint purport to describe
`
`or quote one or more claims of the ‘492 Patent, Motif asserts that ‘492 Patent is the best source of
`
`its full content and context. Motif denies the allegations to the extent they do not accurately
`
`represent the full content and context of the ‘492 Patent. Except as expressly admitted, Motif
`
`denies the remaining allegations in Paragraph 95 of the Complaint.
`
`96. Motif denies the allegations contained in Paragraph 96 of the Complaint.
`
`97. Motif denies the allegations contained in Paragraph 97 of the Complaint.
`
`98. Motif denies the allegations contained in Paragraph 98 of the Complaint.
`
`99. Motif denies the allegations contained in Paragraph 99 of the Complaint.
`
`13
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 14 of 57 PageID #: 14358
`
`100. Motif denies the allegations contained in Paragraph 100 of the Complaint.
`
`101. Motif denies the allegations contained in Paragraph 101 of the Complaint.
`
`102. Motif denies the allegations contained in Paragraph 102 of the Complaint.
`
`103. Motif denies the allegations contained in Paragraph 103 of the Complaint.
`
`104. Motif denies the allegations contained in Paragraph 104 of the Complaint.
`
`105. Motif denies the allegations contained in Paragraph 105 of the Complaint.
`
`106. Motif denies the allegations contained in Paragraph 106 of the Complaint.
`
`107. Motif denies the allegations contained in Paragraph 107 of the Complaint.
`
`COUNT IV. INFRINGEMENT OF THE ‘656 PATENT BY MOTIF
`
`108. Motif incorporates by reference each of its responses set forth above as if fully set
`
`forth herein.
`
`109. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 109 of the Complaint and, on that basis, denies them.
`
`110.
`
`To the extent the allegations in Paragraph 110 of the Complaint purport to describe
`
`or quote one or more claims of the ‘656 Patent, Motif asserts that ‘656 Patent is the best source of
`
`its full content and context. Motif denies the allegations to the extent they do not accurately
`
`represent the full content and context of the ‘656 Patent. Except as expressly admitted, Motif
`
`denies the remaining allegations in Paragraph 110 of the Complaint.
`
`111. Motif denies the allegations contained in Paragraph 111 of the Complaint.
`
`112. Motif denies the allegations contained in Paragraph 112 of the Complaint.
`
`113. Motif denies the allegations contained in Paragraph 113 of the Complaint.
`
`114. Motif denies the allegations contained in Paragraph 114 of the Complaint.
`
`115. Motif denies the allegations contained in Paragraph 115 of the Complaint.
`
`14
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 15 of 57 PageID #: 14359
`
`116. Motif denies the allegations contained in Paragraph 116 of the Complaint.
`
`117. Motif denies the allegations contained in Paragraph 117 of the Complaint.
`
`118. Motif denies the allegations contained in Paragraph 118 of the Complaint.
`
`119. Motif denies the allegations contained in Paragraph 119 of the Complaint.
`
`120. Motif denies the allegations contained in Paragraph 120 of the Complaint.
`
`121. Motif denies the allegations contained in Paragraph 121 of the Complaint.
`
`122. Motif denies the allegations contained in Paragraph 122 of the Complaint.
`
`COUNT V. INFRINGEMENT OF THE ‘761 PATENT BY MOTIF
`
`123. Motif incorporates by reference each of its responses set forth above as if fully set
`
`forth herein.
`
`124. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 124 of the Complaint and, on that basis, denies them.
`
`125.
`
`To the extent the allegations in Paragraph 125 of the Complaint purport to describe
`
`or quote one or more claims of the ‘761 Patent, Motif asserts that ‘761 Patent is the best source of
`
`its full content and context. Motif denies the allegations to the extent they do not accurately
`
`represent the full content and context of the ‘761 Patent. Except as expressly admitted, Motif
`
`denies the remaining allegations in Paragraph 125 of the Complaint.
`
`126. Motif denies the allegations contained in Paragraph 126 of the Complaint.
`
`127. Motif denies the allegations contained in Paragraph 127 of the Complaint.
`
`128. Motif denies the allegations contained in Paragraph 128 of the Complaint.
`
`129. Motif denies the allegations contained in Paragraph 129 of the Complaint.
`
`130. Motif denies the allegations contained in Paragraph 130 of the Complaint.
`
`131. Motif denies the allegations contained in Paragraph 131 of the Complaint.
`
`15
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 16 of 57 PageID #: 14360
`
`132. Motif denies the allegations contained in Paragraph 132 of the Complaint.
`
`133. Motif denies the allegations contained in Paragraph 133 of the Complaint.
`
`134. Motif denies the allegations contained in Paragraph 134 of the Complaint.
`
`135. Motif denies the allegations contained in Paragraph 135 of the Complaint.
`
`136. Motif denies the allegations contained in Paragraph 136 of the Complaint.
`
`137. Motif denies the allegations contained in Paragraph 137 of the Complaint.
`
`COUNT VI. INFRINGEMENT OF THE ‘250 PATENT BY MOTIF
`
`138. Motif incorporates by reference each of its responses set forth above as if fully set
`
`forth herein.
`
`139. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 139 of the Complaint and, on that basis, denies them.
`
`140.
`
`To the extent the allegations in Paragraph 140 of the Complaint purport to describe
`
`or quote one or more claims of the ‘250 Patent, Motif asserts that ‘250 Patent is the best source of
`
`its full content and context. Motif denies the allegations to the extent they do not accurately
`
`represent the full content and context of the ‘250 Patent. Except as expressly admitted, Motif
`
`denies the remaining allegations in Paragraph 140 of the Complaint.
`
`141. Motif denies the allegations contained in Paragraph 141 of the Complaint.
`
`142. Motif denies the allegations contained in Paragraph 142 of the Complaint.
`
`143. Motif denies the allegations contained in Paragraph 143 of the Complaint.
`
`144. Motif denies the allegations contained in Paragraph 144 of the Complaint.
`
`145. Motif denies the allegations contained in Paragraph 145 of the Complaint.
`
`146. Motif denies the allegations contained in Paragraph 146 of the Complaint.
`
`147. Motif denies the allegations contained in Paragraph 147 of the Complaint.
`
`16
`
`

`

`Case 1:22-cv-00311-WCB Document 152 Filed 07/17/23 Page 17 of 57 PageID #: 14361
`
`148. Motif denies the allegations contained in Paragraph 148 of the Complaint.
`
`149. Motif denies the allegations contained in Paragraph 149 of the Complaint.
`
`150. Motif denies the allegations contained in Paragraph 150 of the Complaint.
`
`151. Motif denies the allegations contained in Paragraph 151 of the Complaint.
`
`152. Motif denies the allegations contained in Paragraph 152 of the Complaint.
`
`COUNT VII. INFRINGEMENT OF THE ‘241 PATENT BY MOTIF
`
`153. Motif incorporates by reference each of its responses set forth above as if fully set
`
`forth herein.
`
`154. Motif lacks sufficient knowledge or information to form a belief as to the truth or
`
`falsity of the allegations in Paragraph 154 of the Complaint and, on that basis