Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 1 of 56 PageID #: 28392
`
`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.
`
`NOTICE OF THIRD-PARTY SUBPOENAS TO SOLAR BIOTECH, INC.
`
`PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 34 and 45,
`
`Plaintiff Impossible Foods Inc. (“Impossible”) will serve a Subpoena to Produce Documents,
`
`Information, or Objects or Permit Inspection of Premises in a Civil Action and a Subpoena to
`
`Testify at a Deposition in a Civil Action on non-party Solar Biotech, Inc. (“Solar Biotech”).
`
`A true and correct copy of the Subpoena to Produce Documents, Information, or Objects
`
`or Permit Inspection of Premises is attached as Exhibit 1. Production of documents will be made
`
`within fourteen (14) days after the service of this subpoena, to Wilson Sonsini Goodrich &
`
`Rosati, 222 Delaware Ave., Suite 800, Wilmington, DE 19801, or such other time or place
`
`agreed upon by Impossible and Solar Biotech, in accordance with the Federal Rules of Civil
`
`Procedure and in compliance with the Instructions and Definitions set forth in the subpoena.
`
`A true and correct copy of the Subpoena to Testify at a Deposition in a Civil Action is
`
`attached as Exhibit 2. Pursuant to Rule 45 of the Federal Rules of Civil Procedure and the
`
`applicable Local Civil Rules of the United States District Court for the District of Delaware,
`
`Impossible, by and through its undersigned counsel, will take the deposition by oral testimony of
`
`Solar Biotech. The deposition will commence at a date, time, and location (or by virtual
`
`- 1 -
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 2 of 56 PageID #: 28393
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`deposition platform, if necessary) mutually agreed upon by Impossible and Solar Biotech, and
`
`will continue until completion with such adjournments as may be necessary. The deposition will
`
`be conducted before an officer authorized by law to administer oaths and will be recorded by
`
`stenographic, sound, video, audiovisual, and/or any other such appropriate means.
`
`- 2 -
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 3 of 56 PageID #: 28394
`
`POTTER ANDERSON & CORROON LLP
`
`/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
`(302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
`
`Counsel 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
`(415) 947-2000
`Matthew R. Reed
`Jeffery Nall
`Quincy Rush
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`(650) 493-9300
`Lorelei P. Westin
`Natalie J. Morgan
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`12235 El Camino Real
`San Diego, CA 92130
`(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: June 6, 2024
`
`- 3 -
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 4 of 56 PageID #: 28395
`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 4 of 56 PagelD #: 28395
`
`EXHIBIT 1
`
` EXHIBIT 1
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 5 of 56 PageID #: 28396
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`AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`__________ District of __________
`
`Civil Action No.
`
`))))))
`
`Plaintiff
`v.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`(Name of person to whom this subpoena is directed)
`’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`
`Place:
`
`Date and Time:
`
`’ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`
`Notice to the person who issues or requests this subpoena
`A notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom
`it is directed. Fed. R. Civ. P. 45(a)(4).
`
`District of Delaware
`
`Impossible Foods Inc.
`
`22-311 (WCB)
`
`Motif Foodworks, Inc. and
`Ginkgo Bioworks, Inc.
`
`Solar Biotech, Inc.
`C/o Registered Agent Solutions, Inc. 838 Walker Rd., Suite 21-2, Dover, DE 19904
`
`✔
`
`See Attachment A.
`
`Wilson Sonsini Goodrich & Rosati
`222 Delaware Ave., Suite 800
`Wilmington, DE 19801
`
`06/20/2024 9:00 am
`
`06/06/2024
`
`/s/ Shannon P. Gillespie McComb
`
`Impossible Foods
`
`Inc.
`
`Shannon P. Gillespie McComb, Wilson Sonsini Goodrich & Rosati, P.C., One Market Plaza, Spear Tower, Suite 3300
`San Francisco, CA 94104; smccomb@wsgr.com; (415) 947-2000
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 6 of 56 PageID #: 28397
`
`AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`’ I served the subpoena by delivering a copy to the named person as follows:
`
`’ I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`22-311 (WCB)
`
`0.00
`
`Print
`
`Save As...
`
`Add Attachment
`
`Reset
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 7 of 56 PageID #: 28398
`
`AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
` (ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
` (C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
` (i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
` (ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
` (A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
` (B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
` (i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
` (A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
` (ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
` (iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
` (iv) subjects a person to undue burden.
` (B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
` (A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
` (B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
` (C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
` (D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
` (A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
` (i) expressly make the claim; and
` (ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
` (B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 8 of 56 PageID #: 28399
`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 8 of 56 PagelD #: 28399
`
`ATTACHMENT A
`
`ATTACHMENT A
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 9 of 56 PageID #: 28400
`
`ATTACHMENT A
`
`Pursuant to Federal Rule of Civil Procedure 45, Impossible hereby directs that Solar
`
`Biotech produce Documents, Communications and Things described below. Such production
`
`will be governed by the Amended Protective Order in the present litigation, attached hereto as
`
`Attachment B, unless otherwise agreed upon by Impossible and Solar Biotech.
`
`Solar Biotech shall make such production within fourteen (14) days after the service of
`
`this subpoena, to Wilson Sonsini Goodrich & Rosati, 222 Delaware Ave., Suite 800,
`
`Wilmington, DE 19801, or other such time or place agreed upon by Impossible and Solar
`
`Biotech, in accordance with the Federal Rules of Civil Procedure and in compliance with the
`
`Instructions and Definitions set forth below.
`
`DEFINITIONS AND INSTRUCTIONS
`
`For purposes of this Subpoena, in addition to the definitions set forth below, the below
`
`terms and phrases set forth below shall have the following meanings and the following
`
`definitions shall apply regardless of whether upper or lower case letters are used:
`
`1.
`
`Notwithstanding any definition set forth below, each word, term, or phrase used
`
`in these requests is intended to have the broadest meaning permitted under the Federal Rules of
`
`Civil Procedure.
`
`2.
`
`“Communication(s)” shall mean any instance in which any Person has had contact
`
`with any other Person, including by any oral or written utterance, question, comment, inquiry,
`
`notation, or statement of any nature whatsoever, by and to whomever made, including, but not
`
`limited to, any conversation, Communications, agreement, note, e-mail, voicemail, or other
`
`transfer of Information, whether written, oral, electronic, or by any other means, and including
`
`any Document or other medium which abstracts, digests, records, incorporates, summarizes,
`
`1
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 10 of 56 PageID #: 28401
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`describes, or transcribes any such Communication, or any subsequent review or discussion of
`
`such Communication, whether occurring at meetings or otherwise.
`
`3.
`
`4.
`
`“Document(s)” has the meaning prescribed in Federal Rule of Civil Procedure 34.
`
`“Heme Yeast Strain(s)” means any yeast strain used to produce any heme protein
`
`which was provided by Motif or Ginkgo to You.
`
`5.
`
`6.
`
`7.
`
`“’492 Patent” shall mean U.S. Patent No. 10,273,492.
`
`“’656 Patent” shall mean U.S. Patent No. 10,689,656.
`
`“You” or “Your” shall mean Solar Biotech, Inc., Solar Biotech, Solar Bio, any
`
`other name you operate under or have operated under, its agents, representatives, consultants,
`
`attorneys, accountants, names, and others acting or purporting to act on your behalf or subject to
`
`your control.
`
`8.
`
`“Impossible” shall mean Impossible Foods Inc., its predecessors and successors,
`
`subsidiaries and related companies, and its present and former officers, directors, employees,
`
`agents, representatives, consultants, attorneys, accountants, entities it was formerly known as,
`
`and others acting or purporting to act on its behalf or subject to its control.
`
`9.
`
`“Motif” shall mean Motif FoodWorks, Inc., its predecessors and successors,
`
`subsidiaries and related companies, and its present and former officers, directors, employees,
`
`agents, representatives, consultants, attorneys, accountants, entities it was formerly known as,
`
`and others acting or purporting to act on its behalf or subject to its control.
`
`10.
`
`“Ginkgo” shall mean Ginkgo Bioworks, Inc., its predecessors and successors,
`
`subsidiaries and related companies, and its present and former officers, directors, employees,
`
`agents, representatives, consultants, attorneys, accountants, entities it was formerly known as,
`
`and others acting or purporting to act on its behalf or subject to its control.
`
`2
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 11 of 56 PageID #: 28402
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`11.
`
`“Heme Protein” means any heme-containing protein, regardless of source or
`
`genomic origin.
`
`12.
`
`13.
`
`“Hemami” means Motif’s bovine myoglobin product.
`
`As used herein, the terms “and” and “or” should be understood either
`
`disjunctively or conjunctively as necessary to bring within the scope of any request all responses
`
`that otherwise might be construed to be outside of the scope of such a request.
`
`14.
`
`As used herein, the terms “each,” “any,” and “all” shall include “each and every,
`
`any, and all.”
`
`15.
`
`As used herein, the terms “relate,” “refer,” or “concern” (including any
`
`conjugation thereof) shall mean directly or indirectly concerning, regarding, evidencing,
`
`mentioning, describing, pertaining to, reflecting, being connected with, comprising, or
`
`constituting a subject matter.
`
`16.
`
`As used herein, use of a singular noun shall be construed to include the plural
`
`noun, and use of a plural noun shall be construed to include the singular noun; use of a verb in
`
`any tense shall be construed as the use of that verb in all other tenses whenever necessary to
`
`bring within the scope of a request all responses that otherwise might be construed to be outside
`
`the scope of such a request.
`
`17.
`
`If a Document is in a language other than English and an English translation
`
`exists, please provide both Documents.
`
`18.
`
`“Including” means without limitation.
`
`INSTRUCTIONS
`
`1.
`
`Unless otherwise noted, these requests are not limited as to time and relate to
`
`responsive Documents, Communications, and Things in Your possession, custody, or control
`
`3
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 12 of 56 PageID #: 28403
`
`regardless of date.
`
`2.
`
`If You have no Documents, Communications, or Things responsive to a particular
`
`request, You must so state in writing.
`
`3.
`
`If, for reasons other than privilege, You refuse to produce Documents or withhold
`
`Documents sought in any request, please state the grounds upon which the refusal is based with
`
`sufficient specificity to permit a determination of the propriety of such refusal. If You withhold
`
`Documents on the basis of any privilege, please provide a reasonably detailed log sufficient to
`
`permit a determination of the propriety of the privilege assertion.
`
`4.
`
`If in answering these requests You claim any ambiguity in either the request or an
`
`applicable definition or instruction, please identify in Your response the language You consider
`
`ambiguous and state the interpretation You are using in responding.
`
`4
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 13 of 56 PageID #: 28404
`
`REQUESTS FOR PRODUCTION
`
`REQUEST NO. 1:
`
`Documents and Communications relating to Your interaction(s) with Motif (including
`
`any actual or potential business relationship or partnership) related to any Heme Yeast Strain(s),
`
`including any research, development, manufacture, fermentation, production, offer to sell, sale,
`
`transfer, import, and/or export of any Heme Yeast Strain(s).
`
`REQUEST NO. 2:
`
`Documents and Communications relating to Your interaction(s) with Ginkgo (including
`
`any actual or potential business relationship or partnership) related to any Heme Yeast Strain(s),
`
`including any research, development, manufacture, fermentation, production, offer to sell, sale,
`
`transfer, import, and/or export of any Heme Yeast Strain(s).
`
`REQUEST NO. 3:
`
`Documents and Communications regarding any testing, fermentation, expression,
`
`manufacture, marketing, distribution, supply, purchase, sale, or production of any Heme Yeast
`
`Strain(s) belonging to and/or provided to You by Motif.
`
`REQUEST NO. 4:
`
`Documents and Communications regarding any testing, fermentation, expression,
`
`manufacture, marketing, distribution, supply, purchase, sale, or production of any Heme Yeast
`
`Strain(s) belonging to and/or provided to You by Ginkgo.
`
`REQUEST NO. 5:
`
`Documents and Communications regarding any testing, fermentation, expression,
`
`manufacture, marketing, distribution, supply, purchase, sale, or production of any Heme Protein
`
`created by any Heme Yeast Strain(s) belonging to and/or provided to You by Motif.
`
`1
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 14 of 56 PageID #: 28405
`
`REQUEST NO. 6:
`
`Documents and Communications regarding any testing, fermentation, expression,
`
`manufacture, marketing, distribution, supply, purchase, sale, or production of any Heme Protein
`
`created by any Heme Yeast Strain(s) belonging to and/or provided to You by Ginkgo.
`
`REQUEST NO. 7:
`
`Documents and Communications characterizing or describing any Heme Yeast Strain(s)
`
`belonging to Motif or provided to You by Motif.
`
`REQUEST NO. 8:
`
`Documents and Communications characterizing or describing any Heme Yeast Strain(s)
`
`belonging to Ginkgo or provided to You by Ginkgo.
`
`REQUEST NO. 9:
`
`Documents and Communications sufficient to show the past and current location of any
`
`Heme Yeast Strain(s) belonging to Motif or provided to You by Motif.
`
`REQUEST NO. 10:
`
`Documents sufficient to show the past and current location of any Heme Yeast Strain(s)
`
`belonging to Ginkgo or provided to You by Ginkgo.
`
`REQUEST NO. 11:
`
`Documents sufficient to describe Your use or transfer of any Heme Yeast Strain(s)
`
`belonging to Motif or provided to You by Motif.
`
`REQUEST NO. 12:
`
`Documents sufficient to describe Your use or transfer of any Heme Yeast Strain(s)
`
`belonging to Ginkgo or provided to You by Ginkgo.
`
`2
`
`

`

`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 15 of 56 PageID #: 28406
`
`REQUEST NO. 13:
`
`Documents and Communications regarding research, development, manufacture,
`
`fermentation, production, offer to sell, sale, transfer, import, and/or export of Hemami.
`
`REQUEST NO. 14:
`
`Documents and Communications describing or characterizing Hemami.
`
`REQUEST NO. 15:
`
`Documents and Communications relating to the ’492 Patent, including its corresponding
`
`patent application.
`
`REQUEST NO. 16:
`
`Documents and Communications relating to the ’656 Patent, including its corresponding
`
`patent application.
`
`REQUEST NO. 17:
`
`Documents and Communications relating to Impossible’s production of any Heme
`
`Protein and/or any Impossible Heme Yeast strain(s).
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`REQUEST NO. 18:
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`Documents and Communications referencing or discussing the above captioned litigation.
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`REQUEST NO. 19:
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`Documents and Communications relating to any investigation of Impossible, Impossible
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`products, Impossible’s yeast strain(s), Impossible’s Heme Protein, and/or production of
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`Impossible’s Heme Protein.
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`REQUEST NO. 20:
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`Documents and Communications regarding Impossible’s yeast strain(s) or the
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`manufacturing process for Impossible’s Heme Protein.
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`3
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`

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`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 16 of 56 PageID #: 28407
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`REQUEST NO. 21:
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`Documents and Communications regarding any testing, fermentation, expression,
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`manufacture, marketing, distribution, supply, purchase, sale, or production of Heme Proteins
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`created with Ginkgo’s Yeast Strain(s).
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`REQUEST NO. 22:
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`Documents and Communications regarding Your partnership with Motif. See,
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`https://www.synbiobeta.com/read/solar-biotech-announces-expanded-partnership-with-motif-
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`foodworks.
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`REQUEST NO. 23:
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`Documents and Communications regarding Your interactions or relationship with Motif.
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`REQUEST NO. 24:
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`Documents and Communications regarding Your interactions or relationship with
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`Gingko.
`
`4
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`

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`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 17 of 56 PageID #: 28408
`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 17 of 56 PagelD #: 28408
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`ATTACHMENT B
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`ATTACHMENT B
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`

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`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 18 of 56 PageID #: 28409
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`Case 1:22-cv-00311-WCB Document 186 Filed 08/29/23 Page 1 of 30 PagelD #: 15262 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IMPOSSIBLE FOODS INC., Plaintiff, C.A. No. 22-311-WCB V. JURY TRIAL DEMANDED MOTIF FOODWORKS, INC. and GINKGO BIOWORKS, INC.,
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`Defendants. STIPULATED AMENDED PROTECTIVE ORDER WHEREAS, Plaintiff Impossible Foods Inc. (“Impossible Foods”), Defendant Motif FoodWorks, Inc. (“Motif”), and Defendant Ginkgo Bioworks, Inc. (“Ginkgo”’) hereinafter referred to collectively as “the Parties,” believe that certain information that is or will be encompassed by the Parties’ discovery demands involves the production or disclosure of trade secrets, confidential business information, or other proprietary information; WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with Federal Rule of Civil Procedure 26(c): THEREFORE, upon the stipulation of the Parties in the above-captioned action (the “Action’”) to the entry of the following Stipulated Protective Order (the “Protective Order’), the Court hereby ORDERS that: 1. Scope of Protection. 1.1 This Protective Order shall govern any record of information, designated pursuant to ¥ 3 of this Protective Order, produced, exchanged, or served in this Action in accordance with its terms, including, without limitation, all designated deposition testimony, designated interrogatory answers, documents and other discovery materials, whether produced informally or
`
`444444
`ae
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`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 19 of 56 PageID #: 28410
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`Case 1:22-cv-00311-WCB Document 186 Filed 08/29/23 Page 2 of 30 PagelD #: 15263 in response to interrogatories, requests for admissions, requests for production of documents, or other formal methods of discovery, or expert reports. 1.2 This Protective Order shall apply to the Parties and any non-party from whom discovery may be sought and who desires the protection of this Protective Order. If an additional party unrelated to one of the Parties (or a successor in interest to one of the Parties) joins or is joined in this Action, the newly joined party shall not have access to documents or other information produced under protection of this Protective Order until the Parties agree to a supplemental protective order or the newly joined party agrees to be bound by the terms of this Protective Order. 2. CONFIDENTIAL and HIGHLY CONFIDENTIAL INFORMATION. 2.1 As used herein, the term “CONFIDENTIAL INFORMATION” (which herein is synonymous and interchangeable with “CONFIDENTIAL”) means any information used by a party or non-party in or pertaining to its business, which information is not publicly known, including any form of trade secret or other confidential research, development, or commercial information within the meaning of Federal Rule of Civil Procedure 26(c)(1)(G). The designation of CONFIDENTIAL INFORMATION by a party or non-party who seeks to invoke protection under this Protective Order (“Producing Party’’) constitutes the Producing Party’s representation that it reasonably and in good faith believes that the designated material constitutes or contains information as described above. In particular, information may be designated CONFIDENTIAL INFORMATION if the information constitutes trade secrets or confidential processes, operations, research, technical or developmental information or apparatus, production, marketing, sales, customers, shipments, or other proprietary or confidential trade secret, technical, business, financial, or personnel information within the meaning of Federal Rule of Civil Procedure
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`

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`Case 1:22-cv-00311-WCB Document 530 Filed 06/06/24 Page 20 of 56 PageID #: 28411
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`Case 1:22-cv-00311-WCB Document 186 Filed 08/29/23 Page 3 of 30 PagelD #: 15264 26(c)(1)(G). In addition, the following shall be designated CONFIDENTIAL INFORMATION: (a) all copies, extracts, and complete or partial summaries prepared from such CONFIDENTIAL INFORMATION; (b) portions of deposition transcripts and exhibits thereto that contain, summarize, or reflect the content of any such CONFIDENTIAL INFORMATION; (c) portions of briefs, memoranda, or any other writings filed with the Court, including exhibits thereto, that contain, summarize, or reflect the content of any such CONFIDENTIAL INFORMATION; (d) written discovery responses, answers, or contentions that contain, summarize, or reflect the content of any such CONFIDENTIAL INFORMATION; (e) expert reports that contain, summarize, or reflect the content of any such CONFIDENTIAL INFORMATION; and (f) deposition testimony revealing CONFIDENTIAL INFORMATION. 2.2 Information may be designated “HIGHLY CONFIDENTIAL INFORMATION” (which herein is synonymous and interchangeable with “HIGHLY CONFIDENTIAL”) where the Producing Party reasonably and in good faith believes the information contains non-public documents, materials, or information relating to (i) commercially sensitive financial information, including business plans, decisions, processes, license agreements, sales projections, profit projections, market share projections, pricing plans and pricing analysis, non-public sales data and analysis, non-public market share data; (ii) past, present, or prospective customers, dealers, and distributors, such as proposals, bids, or contracts; (111) research and development of products or potential products; (iv) trade secrets, unpublished patent applications, licenses and related negotiations, competitive intelligence, forecasts, or future business or marketing plans; and (v) any other information the disclosure of which could result in competitive or commercial disadvantage to the Producing Party. In addition, the following shall be designated HIGHLY CONFIDENTIAL INFORMATION: (a) all copies, extracts, and complete or partial summaries prepared from such
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`Case 1:22-cv-00311-WCB Document 530 Filed