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Motif FoodWorks, Inc. v. Impossible Foods Inc.

Docket IPR2022-00887, Patent Trial and Appeal Board (Apr. 20, 2022)
Christopher Kaiser, Donna Praiss, Jeffrey Abraham, presiding
Case TypeInter Partes Review
Patent10863761
Patent Owner Impossible Foods Inc.
Petitioner Motif FoodWorks, Inc.
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7 Institution Decision Deny: DECISION Denying Institution of Inter Partes Review 35 USC § 314

Document IPR2022-00887, No. 7 Institution Decision Deny - DECISION Denying Institution of Inter Partes Review 35 USC § 314 (P.T.A.B. Oct. 26, 2022)
B. Claim Construction Petitioner represents that none of the ’761 patent claim terms require construction because they have a plain meaning, and proceeds to provide a POSITA’s understanding of the following recitations in claim 1: ...
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3 Notice Notice filing date accorded: Notice Notice filing date accorded

Document IPR2022-00887, No. 3 Notice Notice filing date accorded - Notice Notice filing date accorded (P.T.A.B. Apr. 29, 2022)
For more information, please consult the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012), which is available on the Board Web site at http://www.uspto.gov/PTAB.
Patent Owner is advised of the requirement to submit mandatory notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of the petition.
The parties are advised that under 37 C.F.R. § 42.10(c), recognition of counsel pro hac vice requires a showing of good cause.
Many non-profit organizations, both inside and outside the intellectual property field, offer alternative dispute resolution services.
If the parties actually engage in alternative dispute resolution, the Case IPR2022-00887 Patent No.10,863,761 PTAB would be interested to learn what mechanism (e.g., arbitration, mediation, etc.) was used and the general result.
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1 Petition: PETITION FOR INTER PARTES REVIEW OF US PATENT NO 10,863,761 UNDER 35 USC 311 319 AND 37 CFR 42100 et seq

Document IPR2022-00887, No. 1 Petition - PETITION FOR INTER PARTES REVIEW OF US PATENT NO 10,863,761 UNDER 35 USC 311 319 AND 37 CFR 42100 et seq (P.T.A.B. Apr. 20, 2022)
12 Case No.: IPR2022-00887 U.S. Patent No. 10,863,761 PO argued that Van den Briel does not “disclose or even suggest a fat tissue replica including a denatured plant protein,” and that none of Proulx, Brewer, or Asgar “cure the ...
Because this unsupported claim limitation 14 Case No.: IPR2022-00887 U.S. Patent No. 10,863,761 (0.1%-5% of a heme-containing protein) is an element of all claims (EX1001, 49:12- 50:48), none of the claims are entitled to the ’205 ...
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6 Preliminary Response: Patent Owners Preliminary Response

Document IPR2022-00887, No. 6 Preliminary Response - Patent Owners Preliminary Response (P.T.A.B. Jul. 29, 2022)
Petitioner, however, must navigate through several steps, picking and choosing particular ingredients and amounts along the way, in order to contort McMindes and arrive at its hypothetical products, none of which are disclosed or ...
... met, the Board then considers whether the petition demonstrates that the Office “erred in a manner material to the patentability of the challenged claims.” Id. In applying the two-part framework, the Board considers several nonexclusive ...
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5 Mandatory Notice: Patent Owners Mandatory Notices

Document IPR2022-00887, No. 5 Mandatory Notice - Patent Owners Mandatory Notices (P.T.A.B. May. 11, 2022)
Pursuant to 37 C.F.R. § 42.8, the undersigned on behalf of and acting in a representative capacity for Impossible Foods Inc. (“Patent Owner”), hereby submits the following mandatory notices in connection with the petition for inter partes review of U.S. Patent No. 10,863,761, Case IPR2022-00887.
Related Matters (37 C.F.R. § 42.8(b)(2)) Patent Owner is aware of the following related matters: Impossible Foods Inc. v. Motif FoodWorks, Inc., Case No. 22-cv-00311 (D.
One Market Plaza, Spear Street Tower, Suite 3300 San Francisco, CA 94105 Tel.
650 Page Mill Road Palo Alto, CA 94304 Tel.
Electronic Service (37 C.F.R. § 42.8(b)(4)) Patent Owner consents to electronic service by email at the email addresses provided above.
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4 Power of Attorney: Patent Owners Power of Attorney

Document IPR2022-00887, No. 4 Power of Attorney - Patent Owners Power of Attorney (P.T.A.B. May. 11, 2022)
Pursuant to 37 C.F.R. § 42.10(b), Patent Owner Impossible Foods Inc., hereby appoints the practitioners associated with Wilson Sonsini Goodrich & Rosati, Customer Number 21971, including the following lead and back-up counsel, as its attorneys to transact all business in the United States Patent & Trademark Office associated with petitions for inter partes review of U.S. Patent No. 10,863,761: Lead Counsel Back-Up Counsel Michael T. Rosato USPTO Reg. No. 52,182
By: For: Patent Owner Impossible Foods Inc. Name: Jason Gao Title: Chief Legal Officer Date: DocuSign Envelope ID: 5AB5F313-C331-4FD6-B25B-2EF1A959B027 May 9, 2022
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2 Power of Attorney: POWER OF ATTORNEY FROM PETITIONER MOTIF FOODWORKS, INC FOR INTER PARTES REVIEW OF US PATENT NO 10,863,761

Document IPR2022-00887, No. 2 Power of Attorney - POWER OF ATTORNEY FROM PETITIONER MOTIF FOODWORKS, INC FOR INTER PARTES REVIEW OF US PATENT NO 10,863,761 (P.T.A.B. Apr. ...
U.S. Patent No. 10,863,761 “Methods and Compositions for Consumables”
Pursuant to 37 C.F.R. § 42.10(b), Petitioner Motif FoodWorks, Inc. hereby appoints the following lead and back-up counsel as its attorneys to transact all business in the United States Patent and Trademark Office associated with the Petition for Inter Partes Review of U.S. Patent No. 10,863,761.
The individual signing below has the authority to execute this document on behalf of Petition Motif FoodWorks, Inc.
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