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Motif FoodWorks, Inc. v. Impossible Foods Inc.

Docket IPR2023-00322, Patent Trial and Appeal Board (Jan. 28, 2023)
Christopher Kaiser, Kimberly McGraw, Ulrike Jenks, presiding
Case TypeInter Partes Review
Patent10273492
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 IPR2023-00322, No. 7 Institution Decision Deny - Institution Decision DECISION Denying Institution of Inter Partes Review 35 USC § 314 (P.T.A.B. Aug. 7, 2023)
The standard for instituting an inter partes review is set forth in 35 U.S.C. § 314(a), which provides that an inter partes review may not be instituted unless “there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” After considering the Petition, the Preliminary Response, and the evidence of record, we determine that Petitioner has not demonstrated a reasonable likelihood that it would prevail with respect to at least one challenged claim.
Pub. No. 2011/0129874 A1 (published June 2, 2011) (“Tsutsumi”) Optimizing cofactor availability for the production of recombinant heme peroxidase in Pichia pastoris Microbial Cell Factories 14:4 (2015) (“Krainer”) Exhibit No. 1003 1004 1005 1006 1008 1010 1024 1031
Petitioner further asserts that a POSITA would have had a reasonable expectation of success following the well-known techniques disclosed in these prior studies to construct similar P pastoris expression systems.
Petitioner fails to persuasively explain how a POSITA, looking at Vogl’s discussion of prior studies using promoters and transcription factors from P. pastoris, would have a reasonable expectation of success in producing a Pichia yeast cell comprising the nucleic acid molecule recited in claim element 1[a].
Nor are we persuaded by Petitioner’s argument, made in connection with claim 145, that a POSITA would have found it obvious to grow cells to a high density and only then express the genes under control of the methanol-induced promoter.
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3 Notice Notice filing date accorded: Notice of Filing Date Accorded to Petition

Document IPR2023-00322, 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 IPR2023-00322 Patent No. 10,273,492
If the parties actually engage in alternative dispute resolution, the PTAB would be interested to learn what mechanism (e.g., arbitration, Case IPR2023-00322 Patent No. 10,273,492 mediation, etc.) was used and the general result.
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6 POPR filed: Patent Owners Preliminary Response

Document IPR2023-00322, No. 6 POPR filed - Patent Owners Preliminary Response (P.T.A.B. May. 9, 2023)
Furthermore, Petitioner acknowledges that Crane already identifies several suitable promoters, none of which Petitioner alleges are methanol inducible.
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5 Notice Power of Attorney: Notice Power of Attorney

Document IPR2023-00322, 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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4 Notice Mandatory Notice: Notice Mandatory Notice

Document IPR2023-00322, 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.10,273,492, Case IPR2023-00322.
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. IPR2022-00887 re U.S. Patent No. 10,863,761 (PTAB).
Motif FoodWorks, Inc. v. Impossible Foods Inc., Case No. IPR2023-00206 re U.S. Patent No. 9,943,096 (PTAB).
One Market Plaza, Spear Street Tower, Suite 3300 San Francisco, CA 94105 Tel.
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1 Notice Power of Attorney: Notice Power of Attorney

Document IPR2023-00322, No. 1 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Jan. 28, 2023)
U.S. Patent No. 10,273,492 “Expression Constructs and Methods of Genetically Engineering Methylotrophic Yeast”
Case No.: IPR2023-00322 U.S. Patent No. 10,273,492 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 -00322 U.S. Patent No. 10.273.492 The individual signing below has the authority to execute this document on behalf of Petitioner Motif F'oodWorks.
Janet Collins Title: Senior Vice President.
Regulatory Govemment and Industry Affairs Date: December 26.2022 08s61 -00001A/r 37e7865 1
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2 Petition as filed: Petition as filed

Document IPR2023-00322, 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 considered during prosecution, nor cumulative of art evaluated during ...
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