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Case ID1:22-cv-00311
FiledMar 2022
ClosedSep 2024
Patent Litigation

Impossible Foods v. Motif Foodworks & Ginkgo Bioworks: Dismissed With Prejudice

Impossible Foods filed suit in Delaware in March 2022, asserting seven patents against Motif Foodworks’ BeefWorks and PorkWorks plant-based burger products, with Ginkgo Bioworks named as co-defendant. After 909 days of litigation, all parties stipulated to a dismissal with prejudice — each side bearing its own costs — suggesting a negotiated resolution outside the public record.

Resolution time
909days
909 days — above median for Delaware District Court patent cases
Patents asserted
7
US9934096B2 and 6 further patents asserted covering plant-based meat technology
Outcome
Dismissed with Prejudice
All claims, defenses, and counterclaims dismissed with prejudice; no court merits ruling
Cost ruling
Each Party Bears Own Costs
No fee-shifting; each party responsible for its own legal costs and attorneys’ fees
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Seven-patent plant-based meat dispute ends in mutual dismissal

Impossible Foods, Inc. filed suit on March 9, 2022 in the District of Delaware (Case No. 1:22-cv-00311) against Motif Foodworks, Inc. and its parent Ginkgo Bioworks, Inc., asserting infringement of seven U.S. patents covering plant-based protein technology. The accused products — Motif BeefWorks Plant-Based Burger Patties, Plant-Based Ground, and Motif PorkWorks — are direct commercial competitors to Impossible Foods’ core product line, making this a high-stakes dispute over foundational IP in the alternative protein sector.

The case concluded on September 3, 2024, when all parties jointly stipulated under Fed. R. Civ. P. 41(a)(2) and (c) to dismiss all claims, defenses, and counterclaims with prejudice, with each party bearing its own costs. A dismissal with prejudice is a final adjudication on the merits as a matter of law — Impossible Foods cannot refile the same claims against Motif or Ginkgo, and Motif and Ginkgo cannot revive their counterclaims. The mutual cost-bearing arrangement suggests neither side extracted a clear financial concession.

At 909 days from filing to closure, the case ran well beyond a typical early-stage voluntary dismissal, implying substantive motion practice, claim construction, or discovery before settlement discussions crystallised. The public record is silent on any financial terms or licensing arrangement, which is consistent with a confidential settlement. The breadth of the patent portfolio asserted — seven patents spanning multiple application families — suggests Impossible Foods aimed to establish broad IP dominance, while the with-prejudice dismissal may reflect a business resolution that made continued litigation commercially unnecessary for both sides.

Case at a glance
Case no.1:22-cv-00311
CourtDelaware
JudgeWilliam C. Bryson
FiledMarch 9, 2022
ClosedSeptember 3, 2024
Duration909 days
OutcomeDismissed with Prejudice
Verdict causeInfringement Action
BasisDismissed with Prejudice
Prior Art Intelligence
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Case data sourced from PACER / Delaware District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Dismissed with Prejudice in 909 days

909 days — above median for Delaware District Court patent cases

Case timeline: Complaint filed MAR 9 2022, JUN–JUL — 909 days total Horizontal timeline showing the three key events in Impossible Foods, Inc. v Motif Foodworks, Inc. from filing to resolution. Source: PACER, Delaware District Court. MAR 9 2022 Complaint filed Pre-trial proceedings SEP 3 2024 Dismissed with Prejudice 909 DAYS TOTAL
Dismissal terms

Dismissed with prejudice: what the stipulated exit means for both sides

Legal mechanism

Rule 41 stipulated dismissal with prejudice explained

Under Fed. R. Civ. P. 41(a)(2) and (c), all parties jointly moved to dismiss all claims, defenses, and counterclaims with prejudice. A with-prejudice dismissal operates as a final judgment on the merits — it bars Impossible Foods from refiling the same patent claims against these defendants, and bars defendants from reviving counterclaims. This is a permanent, court-endorsed exit, not a procedural pause.

Permanent bar on refiling
Plaintiff outcome

Impossible Foods permanently relinquishes these specific claims

By agreeing to a with-prejudice dismissal, Impossible Foods cannot reassert the seven patents-in-suit against Motif Foodworks or Ginkgo Bioworks for the accused BeefWorks and PorkWorks products. However, the patents themselves remain valid and enforceable against other parties. The mutual cost-bearing clause suggests Impossible did not extract a royalty or injunction — though undisclosed licensing terms remain possible.

Patents survive; claims do not
Defendant outcome

Motif and Ginkgo exit with counterclaims also extinguished

The dismissal is mutual — Motif Foodworks and Ginkgo Bioworks also lose the ability to pursue any counterclaims they had asserted, which may have included invalidity challenges to Impossible’s seven patents. This is commercially significant: any invalidity arguments Motif raised in this proceeding cannot be re-litigated in a new action arising from the same facts. Defendants absorb their own substantial legal costs after 909 days of litigation.

Counterclaims also extinguished
Commercial implications

IP uncertainty persists across the plant-based protein sector

The confidential resolution leaves Impossible Foods’ seven-patent portfolio untested by a court merits ruling. For competitors in plant-based meat, this means the scope and validity of these patents — covering core protein formulation and product technologies — remain legally open questions. Any new entrant or existing player designing around these patents cannot rely on this dismissal as precedent. A fresh FTO analysis against all seven patents is advisable for any competing product.

Portfolio validity unresolved
Legal analysis based on PACER docket records for case 1:22-cv-00311 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffImpossible Foods, Inc.CompanyAlternative protein innovator — holder of US9934096B2 and 6 further plant-based meat patentsSearch in Eureka ↗
DefendantMotif Foodworks, Inc.CompanyMotif Foodworks (plant-based ingredient developer) and Ginkgo Bioworks (synthetic biology platform)Search in Eureka ↗
Co-DefendantGinkgo Bioworks, Inc.CompanySearch in Eureka ↗
Plaintiff counselAndrew Mark MoshosAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselBindu Ann George PalapuraAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselChristiana GarrettAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselDavid Ellis MooreAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselG. Edward Powell , IIIAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselIan Robert ListonAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselJeffrey NallAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselJennifer A. WardAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselJessica RamseyAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselJoyce K. YaoAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselKristina A. HansonAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselLorelei P WestinAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselMark A. HaydenAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselMatthew A. MacdonaldAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselMatthew R. ReedAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselMichael T. RosatoAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselNatalie J. MorganAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselQuincy RushAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselShannon G. McCombAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselSonja R. GerrardAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselSusannah M. L. GagnonAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff counselWendy L. DevineAttorneyCounsel for Impossible Foods, Inc.Search in Eureka ↗
Plaintiff law firmPotter, Anderson & Corroon LLPLaw FirmRepresenting Impossible Foods, Inc.Search in Eureka ↗
Plaintiff law firmWilson Sonsini Goodrich & Rosati PCLaw FirmRepresenting Impossible Foods, Inc.Search in Eureka ↗
Defendant counselAbigail E. ClarkAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselCameron Paul ClarkAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselEvan Z. PearsonAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselJeremy A. TiganAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselJoseph M. PaunovichAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselRyan LandesAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselSandra L. HabernyAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselSarah CorkAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselScott L. WatsonAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant counselStephen Q WoodAttorneyCounsel for Motif Foodworks, Inc.Search in Eureka ↗
Defendant law firmMorris, Nichols, Arsht & Tunnell LLPLaw FirmRepresenting Motif Foodworks, Inc.Search in Eureka ↗
Presiding judgeJudge William C. BrysonJudgeDelaware District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Plaintiff Impossible Foods Inc. (“Impossible”) and Defendants Motif FoodWorks, Inc. (“Motif”) and Ginkgo Bioworks, Inc. (“Ginkgo”) (together, the “Parties”), pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby stipulate and agree that all claims, defenses, and counterclaims asserted by any party in the above-captioned action are dismissed WITH PREJUDICE, with each Party to bear its own costs, expenses, and attorneys’ fees”
Source: PACER Docket, Case 1:22-cv-00311, Delaware District Court

The stipulated dismissal language — ‘all claims, defenses, and counterclaims asserted by any party… dismissed WITH PREJUDICE, with each Party to bear its own costs’ — is deliberately comprehensive. The phrase ‘any party’ ensures symmetry: Impossible Foods’ infringement claims and Motif/Ginkgo’s counterclaims (which likely included invalidity and non-infringement defences) are simultaneously extinguished. The cost-neutrality clause is notable; fee-shifting under 35 U.S.C. § 285 was not invoked, suggesting neither party established exceptional-case conduct. No merits determination was made by the court.

PACER case 1:22-cv-00311 · Public docket record Explore in Eureka ↗
Patent at issue

US9934096B2 and six further patents — plant-based meat formulation portfolio

Publication No.US9934096B2
Application No.US14/938764
Patent details
ProductPlant-based meat protein formulations and food product compositions
Cited in actionMarch 9, 2022

Publication No.US11224241B2
Application No.US15/913090
Patent details
ProductPlant-based meat ingredient compositions and heme protein technology
Cited in actionMarch 9, 2022

Publication No.US10689656B2
Application No.US15/573300
Patent details
ProductRecombinant protein production methods for plant-based food applications
Cited in actionMarch 9, 2022

Publication No.US10273492B2
Application No.US15/678342
Patent details
ProductPlant-based food formulations including flavour and texture modifying ingredients
Cited in actionMarch 9, 2022

Publication No.US10863761B2
Application No.US15/985697
Patent details
ProductPlant-based meat product methods and protein ingredient compositions
Cited in actionMarch 9, 2022

Publication No.US11013250B2
Application No.US16/238802
Patent details
ProductPlant-based food ingredient methods including protein and flavour systems
Cited in actionMarch 9, 2022

Publication No.US10039306B2
Application No.US14/796970
Patent details
ProductPlant-based protein compositions and food product formulation methods
Cited in actionMarch 9, 2022

The seven patents asserted in this case — US9934096B2, US11224241B2, US10689656B2, US10273492B2, US10863761B2, US11013250B2, and US10039306B2 — form a broad portfolio developed by Impossible Foods covering plant-based meat formulation technology, protein ingredient compositions, and related production methods. The application dates span from 2014 (US14/938764) through 2019 (US16/238802), reflecting a sustained multi-year prosecution strategy designed to build layered protection as the alternative protein market matured. The patents cover the technical architecture of products like the Impossible Burger, including protein sources, flavour compounds, and structural components that mimic conventional meat.

Strategically, this portfolio represents Impossible Foods’ attempt to establish IP barriers around core plant-based meat technology at a time when the sector was attracting significant investment and new market entrants. The breadth of application filing dates and family diversity suggests deliberate portfolio engineering to cover multiple technical approaches to the same commercial goal. For competitors — including startups, established food manufacturers, and synthetic biology platforms supplying ingredients — each of these seven patents represents a potential infringement vector. The absence of a court merits ruling means no claim has been narrowed or invalidated, preserving their full enforcement value.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should you run an FTO against Impossible Foods’ plant-based meat patents?

Any company developing, manufacturing, or commercialising plant-based burger patties, ground meat alternatives, or related protein ingredient systems should treat this seven-patent portfolio as a live enforcement risk. The case’s dismissal with prejudice means no claim was invalidated by a court — all seven patents carry their full presumption of validity. This is particularly acute for synthetic biology platforms supplying protein ingredients to food brands, given Ginkgo Bioworks’ co-defendant status in this action.

PatSnap Eureka’s FTO Search Agent can map your product’s technical features against the claim language of all seven Impossible Foods patents simultaneously, flagging literal and doctrine-of-equivalents overlap. Eureka’s citation and family analysis also identifies continuation and divisional applications not asserted in this case that may present forward-looking risk. For R&D teams at the ingredient formulation stage, an early FTO against this portfolio is substantially cheaper than litigation defence — as Motif and Ginkgo’s 909-day legal battle demonstrates.

PatSnap Eureka FTO Search

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Related litigation

Similar plant-based protein patent cases in Delaware and beyond

Cases involving plant-based meat and alternative protein patent disputes in the Delaware District Court and related venues, including synthetic biology IP enforcement actions.

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Impossible Foods, Inc. patent enforcement history, Delaware case history, Impossible Foods, Inc.’s full IP portfolio, and comparable case analysis
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Strategic implications

What this case signals for the plant-based protein IP landscape

A seven-patent, 909-day dispute ending in mutual dismissal raises pointed questions about enforcement strategy and portfolio depth in alternative protein.

Impossible Foods’ portfolio breadth is a credible enforcement signal

Asserting seven patents in a single action — spanning multiple application families — reflects a layered enforcement posture designed to maximise litigation leverage. Even without a merits ruling, this case signals that Impossible Foods is willing to pursue large-scale patent litigation against direct competitors. R&D teams building plant-based meat products should map their technology against all seven asserted patents.

With-prejudice dismissal protects defendants but at significant cost

Motif and Ginkgo secured a permanent bar on these specific claims at the cost of 909 days of litigation and their own legal fees. The structure of the exit — no disclosed payment, no injunction — is consistent with either a cross-licence, a product reformulation, or a simple commercial decision to exit contested territory. Competitors facing similar suits should model all three exit scenarios early.

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Frequently asked questions

Impossible v Motif — key questions answered

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Map your plant-based protein product against 7 live Impossible Foods patents

No court ruling narrowed these claims — all seven patents exit litigation with full enforceability intact. Use PatSnap Eureka to run a rapid FTO clearance and monitor new Impossible Foods continuation filings before your next product launch.

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