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Motif FoodWorks, Inc. v. Impossible Foods Inc.

Docket IPR2023-00321, Patent Trial and Appeal Board (Jan. 28, 2023)
Christopher Kaiser, Kimberly McGraw, Ulrike Jenks, presiding
Case TypeInter Partes Review
Patent10689656
Patent Owner Impossible Foods Inc.
Petitioner Motif FoodWorks, Inc.
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7 Institution Decision Deny: Institution Decision DECISION Denying Institution of Inter Partes Review 35 USC § 314

Document IPR2023-00321, No. 7 Institution Decision Deny - Institution Decision DECISION Denying Institution of Inter Partes Review 35 USC § 314 (P.T.A.B. Aug. 7, 2023)
None of the evidence cited by Petitioner teaches a single nucleic acid molecule encoding both the Mxr1 transcriptional activator as well as a second endogenous nucleic acid or provides a reason 12 IPR2023-00321 Patent 10,689,656 ...
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3 Notice Notice filing date accorded: Notice of Filing Date Accorded to Petition

Document IPR2023-00321, No. 3 Notice Notice filing date accorded - Notice of Filing Date Accorded to Petition (P.T.A.B. Feb. 9, 2023)
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.
Box 1022 Minneapolis, MN 55440-1022 and Ian Robert Liston Jennifer A. Ward Wilson Sonsini Goodrich & Rosati P.C. 222 Delaware Avenue, Suite 800 Wilmington, DE 19801 Case IPR2023-00321 Patent No. 10,689,656
If the parties actually engage in alternative dispute resolution, the PTAB would be interested to learn what mechanism (e.g., arbitration, Case IPR2023-00321 Patent No. 10,689,656 mediation, etc.) was used and the general result.
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6 POPR filed: Patent Owners Preliminary Response

Document IPR2023-00321, No. 6 POPR filed - Patent Owners Preliminary Response (P.T.A.B. May. 9, 2023)
... 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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4 Notice Mandatory Notice: Notice Mandatory Notice

Document IPR2023-00321, No. 4 Notice Mandatory Notice - Notice Mandatory Notice (P.T.A.B. Feb. 17, 2023)
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.10,689,656, Case IPR2023-00321.
Patent Owner is aware of the following related matters: Impossible Foods Inc. v. Motif FoodWorks, Inc., Case No. 22-cv-00311 (D.
Motif FoodWorks, Inc. v. Impossible Foods Inc., Case No. IPR2023-00206 re U.S. Patent No. 9,943,096 (PTAB).
Motif FoodWorks, Inc. v. Impossible Foods Inc., Case No. IPR2023-00207 re U.S. Patent No. 11,224,241 (PTAB).
One Market Plaza, Spear Street Tower, Suite 3300 San Francisco, CA 94105 Tel.
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5 Notice Power of Attorney: Notice Power of Attorney

Document IPR2023-00321, No. 5 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Feb. 17, 2023)
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. 10,689,656 and 10,273,492: DocuSign Envelope ID: C3AC794C-E5C3-4BFF-8C4C-E4DE043E9C44
Back-Up Counsel Lorelei P. Westin USPTO Reg. No. 52,353
701 Fifth Avenue, Suite 5100 Seattle, WA 98104 Tel.
1700 K Street, NW, Fifth Floor Washington, DC, 20006 Tel.
By: For: Patent Owner Impossible Foods Inc. Name: Jason Gao Title: Chief Legal Officer Date: DocuSign Envelope ID: C3AC794C-E5C3-4BFF-8C4C-E4DE043E9C44 Feb 10, 2023
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2 Petition as filed: Petition as filed

Document IPR2023-00321, No. 2 Petition as filed - Petition as filed (P.T.A.B. Jan. 28, 2023)
INSTITUTING INTER PARTES REVIEW WOULD BE EQUITABLE A. No Discretionary Denial Under 35 U.S.C. § 325(d) None of the grounds in this Petition was substantively considered during prosecution.
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1 Notice Power of Attorney: Notice Power of Attorney

Document IPR2023-00321, No. 1 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Jan. 28, 2023)
U.S. Patent No. 10,689,656 “Expression Constructs and Methods of Genetically Engineering Methylotrophic Yeast”
Case No.: IPR2023-00321 U.S. Patent No. 10,689,656 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
Case No.: IPR2023-0032 I U.S. Patent No. 10.689,656 The individual signing below has the authority to execute this document on behalf of Petitioner Motif FoodWorks- Inc. Motif FoodWorks, Inc
: Janet Collins Title: Senior Vice President.
Regulatory Govemment and Industry Affairs Date: December26,2022
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