Impossible Foods scoops up Motif's heme technology following legal settlement in the USA

In the USA, Impossible Foods has apparently emerged victorious in a long-running legal dispute with Motif FoodWorks, acquiring the latter's heme-related business as part of a settlement agreement.

Heme, a protein derived from plants, is a crucial ingredient in plant-based meat alternatives, providing a meat-like flavor and texture. The acquisition of Motif's heme business grants Impossible Foods access to valuable intellectual property and expertise in this area, further enhancing its ability to develop and produce high-quality plant-based products.

The legal battle between Impossible Foods and Motif had been ongoing for several years, centered around patent claims related to heme technology.

In April 2022, Motif FoodWorks filed a legal challenge against Impossible Foods, disputing the validity of a key patent held by the latter (Patent 9,943,096 B2 [Methods and Compositions for Affecting the Flavor and Aroma Profile of Consumables]). Motif argued that the patent was issued incorrectly, as similar technologies had been patented earlier. The company expressed confidence in its case and emphasized the importance of fair competition within the plant-based food industry.

Impossible Foods countered Motif's claims, asserting that the legal challenge was baseless and aimed to distract from Motif's alleged infringement of their patent. The company maintained the strength of its patent and expressed its belief in a favorable outcome in both the district court and patent office proceedings.

Then, in December 2022, Impossible Foods' European patent, EP2943072B1, was revoked by the European Patent Office (EPO). That decision was also based on a challenge filed by Motif FoodWorks. The revoked patent covered a broad range of food products containing iron complexes, including heme-containing proteins, combined with certain flavor precursor molecules, with Motif arguing that the patent lacked sufficient clarity and novelty to be valid. Specifically, Motif contended that the patent's claims were overly broad and that the technology described in the patent was not new or inventive. The EPO agreed with Motif's arguments, finding that the patent's claims were insufficiently defined and that the technology described in the patent was not novel.

In June 2023, the US Patent and Trademark Office (USPO) then announced it would institute inter partes review (IPR) of Patent 9,943,096 B2 claimed by Impossible Foods. In the Patent Trial and Appeal Board's ruling, Administrative Patent Judge Donna M. Praiss wrote at the time that Motif "had demonstrated a reasonable likelihood of prevailing with respect to at least one claim of the '096 patent, and we institute inter partes review of all claims and all grounds asserted in the petition."

The dispute then escalated into a complex legal case, with both companies investing significant resources in their defense.

The terms of the settlement agreement have not been disclosed publicly. For Impossible Foods, the acquisition of Motif's heme business represents a strategic move that will strengthen its competitive position and accelerate its growth.

It's important to note that the EPO is an independent body and is not bound by decisions made in other jurisdictions. Even if a settlement occurs in the USA, the EPO could still maintain its decision to revoke the patent based on its own assessment of the case. However, it is likely that the settlement in the USA could bolster Impossible Foods' ongoing appeal to the EPO to the revocation.