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`IMPOSSIBLE FOODS INC.,
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`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. 22-311-WCB
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`MOTIF FOODWORKS, INC.,
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`v.
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`Defendant.
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`ORDER
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`The parties in this case have this week filed a series of letters raising eight discrete
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`discovery disputes. The resolution of several of the disputes is assertedly “particularly urgent.”
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`I will attempt to accommodate the demand for prompt action. Normally, I would prefer to
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`provide more detailed explanations for my rulings. However, the number of disputes, along with
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`the insistence on prompt action, requires that I provide rulings on each of the issues with minimal
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`accompanying explanation.
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`Here are my rulings:
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`1. Motif will be required to promptly supplement its production of financial information
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`as requested by Impossible.
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`2. Impossible will be required to promptly supplement its production of financial and
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`market information as requested by Motif.
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`3. In a December 4, 2023, hearing, Motif represented that it was only selling five of the
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`accused products. The parties agreed at that time that the litigation would be limited to those five
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`products. More recently, Motif represents, it has decided to market two other products—chicken
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`Case 1:22-cv-00311-WCB Document 394 Filed 03/08/24 Page 2 of 3 PageID #: 23986
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`fiber nuggets and sponge nuggets—but has not actually sold those products to date and has no
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`physical samples of them. Impossible requests that the court compel Motif to stipulate that the
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`products at issue in this case are limited to the five products listed during the December 3, 2023,
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`hearing and set forth in Impossible’s draft stipulation on this issue, and to agree to a dismissal of
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`the two nugget products, from the action without prejudice. Dkt. No. 379-1, Exh. 2.
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`I will not require that Motif stipulate to that dismissal, but will dismiss the two nugget
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`products from the litigation (together with the other 15 Motif accused products) without prejudice.
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`Discovery is about to close, samples of the two nugget products are not available, and Motif has
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`not advised the court of the date on which the sale of those products will be launched. For those
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`reasons, adding the two nugget products to the five products already in issue would be disruptive
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`and potentially unfair to Impossible. The two nugget products will be dismissed from the present
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`action without prejudice.
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`4. Motif will not be required to provide a Rule 30(b)(6) witness to respond to Topic No.
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`39 of Impossible’s deposition notice. Impossible has not made a persuasive showing that the
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`subject matter of that topic is relevant to the dispute at issue in this case.
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`5. Motif will be required to provide a Rule 30(b)(6) witness to respond to Topic No. 42 of
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`Impossible’s deposition notice.
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`6. Motif will be required to down-designate the confidentiality of samples of the publicly
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`available accused products and their ingredients, as Motif has not satisfied its burden of proof to
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`show
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`that
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`the extraordinary designation of “Highly Confidential—Patent Prosecution
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`Information” is justified. Those materials will be down-designated to the status of “Highly
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`Confidential.”
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`2
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`Case 1:22-cv-00311-WCB Document 394 Filed 03/08/24 Page 3 of 3 PageID #: 23987
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`7. Impossible will be required to provide Rule 30(b)(6) testimony to respond to revised
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`topics 71 and 72 of Motif’s Rule 30(b)(6) topics, as narrowed. Impossible argues that there is no
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`corporate knowledge regarding the subject matter of topics 71 and 72 other than as reflected in
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`documents already produced. If so, the portion of the Rule 30(b)(6) deposition directed to that
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`subject may be short.
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`8. Impossible will be required to provide Rule 30(b)(6) testimony to respond to revised
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`topic 82 of Motif’s Rule 30(b)(6) topics, as narrowed in the course of the parties’ negotiations.
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`IT IS SO ORDERED.
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`SIGNED this 8th day of March, 2024.
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`______________________________
`WILLIAM C. BRYSON
`UNITED STATES CIRCUIT JUDGE
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