`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 22-311-WCB
`
`JURY TRIAL DEMANDED
`
`))))))))))
`
`IMPOSSIBLE FOODS INC.,
`
`Plaintiff,
`
`v.
`
`MOTIF FOODWORKS, INC. and
`GINKGO BIOWORKS, INC.,
`
`Defendants.
`
`STIPULATION AND ORDER
`WHEREAS, the current fact discovery deadline in the yeast patent case is July 19, 2024
`
`(D.I. 500);
`
`WHEREAS, the parties have completed service of written discovery requests, have served
`
`subpoenas and notices of deposition, and are engaged in good faith efforts to schedule those
`
`depositions;
`
`WHEREAS, on Thursday, July 11, 2024, Ginkgo notified Impossible that Ginkgo
`
`inadvertently had failed to produce electronic communications dating from July 2017 to November
`
`2018;
`
`WHEREAS, on Monday, July 15, 2024, Ginkgo began producing these documents, and
`
`completed its production by July 16, 2024;
`
`WHEREAS, Impossible needs time to review these documents;
`
`WHEREAS, while Impossible does not currently intend on serving any additional
`
`discovery, Impossible believes that it is possible that these newly produced documents will create
`
`a need to serve additional discovery (discovery that could have been served earlier had the
`
`documents timely been produced);
`
`WHEREAS, Ginkgo disputes that any such additional discovery would be appropriate;
`
`
`
`Case 1:22-cv-00311-WCB Document 594 Filed 07/29/24 Page 2 of 3 PageID #: 30168
`
`NOW THEREFORE, it is hereby stipulated and agreed by the parties, subject to the
`
`approval of the Court, that:
`
`1.
`
`The parties agree to a limited extension of the yeast patent case fact discovery
`
`deadline from July 19, 2024 to August 16, 2024 solely for purposes of taking depositions of party
`
`or third-party witnesses who have already been timely served with a notice or a subpoena and for
`
`whom a deposition has been scheduled or is in the process of being scheduled, and for
`
`supplementation of interrogatory responses;
`
`2.
`
`The parties agree to allow third-party witnesses and third-party production who
`
`have already been timely served with subpoenas (with compliance deadlines on or before July 19,
`
`2024) in the yeast patent case to produce and testify after the close of fact discovery;
`
`3.
`
`This order is without prejudice to Impossible to serve additional discovery based
`
`on information revealed in Ginkgo’s supplemental production and without prejudice to Ginkgo’s
`
`ability to object to any such discovery.
`
`4.
`
`Interrogatories will be supplemented on or before August 16, however if a
`
`deposition occurs on or after August 5, 2024, the parties may supplement their interrogatory
`
`responses within two weeks of that deposition, solely with information obtained in such deposition.
`
`2
`
`
`
`Case 1:22-cv-00311-WCB Document 594 Filed 07/29/24 Page 3 of 3 PageID #: 30169
`
`POTTER ANDERSON & CORROON LLP
`
`MORRIS, NICHOLS, ARSHT & TUNNELL 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
`
`By: /s/ Jeremy A. Tigan
`Jeremy A. Tigan (#5239)
`Lucinda C. Cucuzzella (#3491)
`Cameron P. Clark (#6647)
`1201 N. Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jtigan@morrisnichols.com
`ccucuzzella@morrisnichols.com
`cclark@morrisnichols.com
`
`Attorneys for Plaintiff Impossible Foods Inc.
`
`Counsel for Defendant Motif FoodWorks, Inc.
`
`MCCARTER & ENGLISH, LLP
`
`By: /s/ Alexandra M. Joyce
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`Dated: July 19, 2024
`11662565/ 20200.00002
`
`Counsel for Defendant Ginkgo Bioworks, Inc.
`
`IT IS SO ORDERED, this 29th day of July, 2024.
`
`__________________________________
`WILLIAM C. BRYSON
`UNITED STATES CIRCUIT JUDGE
`
`3
`
`
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