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Case 1:22-cv-00311-WCB Document 498 Filed 05/06/24 Page 1 of 2 PageID #: 28067
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`Defendants.
`
`PLAINTIFF IMPOSSIBLE FOODS INC.’S UNOPPOSED MOTION FOR LEAVE TO
`AMEND PLAINTIFF’S IDENTIFICATION OF ASSERTED CLAIMS
`Plaintiff Impossible Foods Inc. (“Impossible”) hereby respectfully moves for leave to
`
`serve an Amendment to Impossible’s Identification of Asserted Claims. On February 16, 2024,
`
`pursuant to the Court’s August 25, 2023 Amended Scheduling Order (D.I. 161, ¶ 14) and the
`
`Court’s February 6, 2024 Order (D.I. 349), Impossible narrowed its Asserted Claims to 14 claims
`
`from U.S. Patent Nos. 10,273,492 (the “ʼ492 Patent’”) and 10,689,656 (the “ʼ656 Patent’”)
`
`(collectively, the “Yeast Patents”). On March 8, 2024, Impossible served its Identification of
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`Final Infringement Contentions, including infringement contentions related to claim 11 of U.S.
`
`Patent No. 10,273,492. On March 22, 2024, the Court issued its Claim Construction Order
`
`related to the Yeast Patents (D.I. 414). On April 9, 2024, Impossible served its Identification of
`
`Asserted Claims, narrowing to six Asserted Claims, including claim 11 of the ʼ492 Patent, which
`
`had not been identified in the February 16, 2024 Identification of Asserted Claims.
`
`Impossible has good cause to amend its Identification of Asserted Claims at least because
`
`the Court’s claim construction order further informed Impossible’s position.
`
`Pursuant to District of Delaware Local Rule 7.1.1, counsel for Impossible conferred with
`
`counsel for Motif FoodWorks, Inc. (“Motif”) and Ginkgo Bioworks, Inc. (“Ginkgo”), and counsel
`
`for Motif and Ginkgo have indicated that they will not oppose this motion.
`
`
`
`
`
`C.A. No. 22-311-WCB
`
`JURY TRIAL DEMANDED
`
`
`
`))))))))))
`
`Plaintiff,
`
`
`
`v.
`
`IMPOSSIBLE FOODS INC.,
`
`
`
`
`
`MOTIF FOODWORKS, INC. and
`GINKGO BIOWORKS, INC.,
`
`
`
`

`

`Case 1:22-cv-00311-WCB Document 498 Filed 05/06/24 Page 2 of 2 PageID #: 28068
`
`
`
`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
`
`By: /s/ Andrew M. Moshos
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew M. Moshos (#6685)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
`
`Attorneys for Plaintiff Impossible Foods Inc.
`
`
`
`
`
`
`OF COUNSEL:
`
`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
`
`Michael T. Rosato
`Sonja R. Gerrard
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Tel: (206) 883-2529
`
`Matthew Macdonald
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`953 East Third Street, Suite 100
`Los Angeles, CA 90013
`Tel: (323) 210-2953
`
`Dated: May 6, 2024
` 11493515 / 20200.00002
`
`2
`
`

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