Motif Files Four Petitions Against Impossible Heme Patents

Boston-based plant-based meat manufacturer Motif FoodWorks announced today it has filed four petitions with the U.S. Patent and Trademark Office (USPTO) to challenge aspects of Impossible Foods’ claim to heme-protein ingredients used in plant-based meat.

The news comes one month after the USPTO denied Motif’s request to review the validity of another heme-protein patent held by Impossible.

Additionally, Impossible’s European patent for its use of heme in plant-based meat to replicate the flavor and aroma of animal meat was revoked after a hearing last week. The announcement came from The Opposition Division of the European Patent Office (EPO), and the EPO database shows the challenge that led to the hearing was filed by German law firm Reiser & Partner Patentanwälte in 2018. The EPO has not yet published a rationale for the move.

“We agree with the European Patent Office’s ruling that Impossible’s patent is obvious and look at it as a win for the industry – and a sign of things to come,” said Michael Leonard, CEO of Motif FoodWorks, in a press release. “At the same time, we continue to challenge additional Impossible patents in the U.S. that also limit plant-based innovation and consumer choice.”

The intellectual property war between the two plant-based meat makers first began in March when Impossible Foods sued Motif Foodworks for violating its claim to alternative meat proteins that use heme specifically to replicate the taste, texture, aroma, nutrition and mouthfeel of animal meat.

Motif fired back by challenging the validity of Impossible’s claim over the use of heme in all meat alternatives by petitioning the USPTO to review the breadth of Impossible’s IP. That petition led to a stay order on the case; however, USPTO denied Motif’s request for review last month and the case began to move forward toward a jury trial in Delaware district court.

Impossible added four more patent violations to its original lawsuit since Motif’s initial petition. In response, Motif filed four more petitions with the USPTO in order to request a review of each of the patent claims. The newly challenged IP includes Impossible’s hold on meat alternative products that contain heme protein, sugars and sulfur compounds. Motif argues these ingredients are not patentable since they have been used for the same purposes in meat and meat alternative food products for decades. Impossible has previously claimed it discovered the function of heme in alternative meat products.

In December 2021, Motif secured Generally Recognized As Safe (GRAS) status for its bovine cell-based heme protein HEMAMI via a “No Questions” letter from the U.S. Food and Drug Administration (FDA). In contrast, Impossible first began pursuing GRAS status for its soybean nodule-based heme protein in 2015, though the company’s heme was not certified as GRAS until 2018 because the agency requested additional information following the original submission.

“Impossible is determined to stop [our] innovation – hurting consumers, our industry and, ultimately, our planet,” said Leonard, in a press release. “We will continue to fight Impossible’s aggressive actions to limit competition through every avenue available.”

Amid the legal woes, both companies have also undergone executive leadership changes. In August, Leonard, who previously served as Motif’s chief technology officer, replaced Jonathan McIntyre as CEO. McIntyre now serves as an advisor.

Earlier this year, Impossible Foods founder and CEO Pat Brown moved to chief visionary officer and in September it was announced that Brown would move again to lead the company’s new research arm, Impossible Labs. However, in late November it was reported that Brown would be taking a leave of absence until March 2023.

Impossible Foods did not respond to requests for comment by the time of publication.