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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 22-311-WCB
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`JURY TRIAL DEMANDED
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`))))))))))
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`IMPOSSIBLE FOODS INC.,
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`MOTIF FOODWORKS, INC. and
`GINKGO BIOWORKS, INC.,
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`Plaintiff,
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`v.
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`Defendants.
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`DECLARATION OF DEVIN LICON
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`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew M. Moshos (#6685)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
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`Attorneys for Plaintiff Impossible Foods Inc.
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`OF COUNSEL:
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`Wendy L. Devine
`Kristina M. Hanson
`Shannon P. Gillespie McComb
`Jessica Ramsey
`Joyce K. Yao
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, CA 94105
`Tel: (415) 947-2000
`
`Matthew R. Reed
`Jeffrey Nall
`Quincy Rush
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Tel: (650) 493-9300
`
`Lori P. Westin
`Natalie J. Morgan
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`12235 El Camino Real
`San Diego, CA 92130
`Tel: (858) 350-2300
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`Michael T. Rosato
`Sonja R. Gerrard
`WILSON SONSINI GOODRICH & ROSATI, P.C.
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`PUBLIC VERSION
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`
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`Case 1:22-cv-00311-WCB Document 482 Filed 04/18/24 Page 2 of 4 PageID #: 27972
`
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Tel: (206) 883-2529
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`Matthew Macdonald
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`953 East Third Street, Suite 100
`Los Angeles, CA 90013
`Tel: (323) 210-2953
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`Dated: April 11, 2024
`11442906 / 20200.00002
`Public Version Dated: April 18, 2024
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`
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`Case 1:22-cv-00311-WCB Document 482 Filed 04/18/24 Page 3 of 4 PageID #: 27973
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`I, Devin Licon, hereby declare as follows:
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`1.
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`I am over 18 years of age and submit this declaration to provide information
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`regarding Plaintiff Impossible Foods Inc.’s (“Impossible’s”) use of a messaging platform known
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`as Slack. The following facts are true to my personal knowledge, and if called and sworn as a
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`witness, I could and would competently testify to them.
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`2.
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`I am employed by Impossible as a Manager of the IT Service Desk. It is within the
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`scope of my job responsibilities to work with the Slack repository at Impossible. Impossible
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`enabled Slack messaging for use on
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`.
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`3.
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`I understand that Defendant Ginkgo Bioworks, Inc. (“Ginkgo”) has requested
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`messages from Impossible’s Slack repository in connection with this litigation. To evaluate the
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`potential burden on Impossible of collecting, reviewing and producing messages from
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`Impossible’s Slack repository, I have been in communication with representatives of Slack.
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`4.
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`5.
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`Case 1:22-cv-00311-WCB Document 482 Filed 04/18/24 Page 4 of 4 PageID #: 27974
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`6.
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`When I asked the Slack representative whether there were other mechanisms for
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`collecting Slack messages, the Slack representative informed me that upgrading Impossible’s plan
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`was the only option.
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`7.
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`On March 15, 2024, I was informed that in certain circumstances copies of Slack
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`messages may be obtained for legal purposes through a ticket-based request process.
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`8.
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`On March 19, 2024, I created a ticket through Slack’s online help feature asking
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`for assistance in obtaining messages from Impossible’s Slack repository.
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`9.
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`In response to my ticket, on March 25, 2024, I was granted access to a tool to
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`download data from Impossible’s Slack repository without cost as long as it was to be used for
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`legal purposes.
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`10.
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`11.
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`On March 26, 2024, I began to download data from Impossible’s Slack repository.
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`On April 1, 2024, I completed the download of data from Impossible’s Slack
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`repository and provided the data to Impossible’s legal counsel.
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`I declare under penalty of perjury that, to the best of my knowledge, the foregoing
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`statements are true and correct.
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`Executed this 11th day of April, 2024, in Bakersfield, California.
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`2
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