Impossible Foods Inc. v. Motif Foodworks, Inc.
| Motif Foodworks, Inc. |
| Impossible Foods Inc. |
| 1:2022cv00311 |
| March 9, 2022 |
| US District Court for the District of Delaware |
| William C Bryson |
| Colm F Connolly |
| Patent |
| 35 U.S.C. § 1 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
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Filing 71
NOTICE of Subpoenas to Integrity One Solutions and Sarah Q. Nasir by Motif Foodworks, Inc. (Attachments: #1 Exhibits 1-4)(Tigan, Jeremy)
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Filing 70
NOTICE OF SERVICE of Defendant Motif FoodWorks, Inc.'s Initial Invalidity Contentions filed by Motif Foodworks, Inc..(Tigan, Jeremy)
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Filing 69
NOTICE OF SERVICE of Motif FoodWorks, Inc.'s Second Set of Interrogatories to Impossible Foods Inc. (No. 14) filed by Motif Foodworks, Inc..(Tigan, Jeremy)
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Filing 68
NOTICE of Third-Party Subpoena to Ginkgo Bioworks, Inc. by Motif Foodworks, Inc. (Tigan, Jeremy)
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Filing 67
NOTICE OF SERVICE of (1) Plaintiff's Reponses and Objections to Defendant's First Set of Interrogatories (Nos. 1-13) and (2) Plaintiff's Objections and Responses to Defendant's First Set of Requests for Production of Documents and Things (Nos. 1-78) filed by Impossible Foods Inc..(Liston, Ian)
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Filing 66
NOTICE OF SERVICE of (1) Plaintiff's Objections to Defendant's Fed. R. Civ. P. 45 Deposition Subpoena to Fish & Richardson P.C. and (2) Plaintiff's Objections to Defendant's Fed. R. Civ. P. 45 Document Subpoena to Fish & Richardson P.C. filed by Impossible Foods Inc..(Liston, Ian)
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Filing 65
REDACTED VERSION of #59 Letter to Hon. William Bryson re Case Narrowing Dispute by Impossible Foods Inc.. (Liston, Ian)
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Filing 64
NOTICE OF SERVICE of Plaintiff Impossible Foods Inc.'s CORRECTED Initial Infringement Contentions filed by Impossible Foods Inc..(Liston, Ian)
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Filing 63
ORAL ORDER: The parties have filed letter briefs outlining their views on the appropriate process for narrowing the number of patents, patent claims, and invalidity references asserted in this case. Dkt. Nos. 58-60. The following procedures will apply in this case: (1) By May 19, 2023, Impossible must reduce the number of asserted claims to no more than 50; (2) by June 20, 2023, Motif must reduce the number of asserted invalidity references to no more than 65; (3) by July 24, 2023, Impossible must reduce the number of asserted claims to no more than 36; (4) by August 21, 2023, Motif must reduce the number of asserted invalidity references to no more than 45; (5) by October 1, 2023, Impossible must reduce the number of asserted claims to no more than 15; and (6) by November 1, 2023, Motif must reduce the number of asserted invalidity references to no more than 25. Either party may move to deviate from the above procedures upon a showing of good cause, including but not limited to subsequent events such as IPR institution decisions or the court's claim construction order. At this time, there will be no limitation on the number of asserted patents. Signed by Judge William C. Bryson on 4/12/2023. (dds)
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Filing 62
REDACTED VERSION of #58 Letter by Motif Foodworks, Inc.. (Attachments: #1 Exs. A-J)(Tigan, Jeremy)
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Minute Entry for proceedings held before Judge William C. Bryson: Telephonic hearing held on 4/12/2023. Counsel for both parties appeared. Court reporter present. The Court discussed the procedures for narrowing the number of patents, patent claims, and invalidity references that will be asserted in this case. (Total Time in Court: 45 minutes) (Court Reporter Heidi Schoentube). (dds)
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Filing 61
NOTICE OF SERVICE of Plaintiff's Initial Infringement Contentions filed by Impossible Foods Inc..(Liston, Ian)
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Filing 60
[SEALED] Letter to The Honorable William C. Bryson from Jeremy A. Tigan regarding Case Narrowing Dispute - re #59 Letter. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M)(Tigan, Jeremy)
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Filing 59
[SEALED] Letter to The Honorable William C. Bryson from Ian R. Liston regarding Case Narrowing Dispute. (Attachments: #1 Exhibits 1-6)(Liston, Ian)
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Filing 58
[SEALED] Letter to The Honorable William C. Bryson from Jeremy A. Tigan regarding Case Narrowing Dispute. (Attachments: #1 Exs. A-J)(Tigan, Jeremy)
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Filing 57
NOTICE OF SERVICE of (1) Motif FoodWorks, Inc.'s Responses to Impossible Foods Inc.'s First Set of Interrogatories and (2) Motif FoodWorks, Inc.'s Objections and Responses to Plaintiff's First Set of Requests for Production (Nos. 1-75) filed by Motif Foodworks, Inc..(Tigan, Jeremy)
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Filing 56
NOTICE OF SERVICE of (1) Motif FoodWorks, Inc.'s First Set of Interrogatories to Impossible Foods Inc. (Nos. 1-13) and (2) Motif FoodWorks, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-78) filed by Motif Foodworks, Inc..(Tigan, Jeremy)
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Filing 55
STIPULATED PROTECTIVE ORDER. Signed by Judge William C. Bryson on 2/10/2023. (nmg)
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Filing 54
NOTICE of Filing of Petitions for Inter Partes Review by Motif Foodworks, Inc. (Tigan, Jeremy)
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Filing 53
PROPOSED ORDER Proposed Protective Order re 52 Oral Order, by Impossible Foods Inc.. (Liston, Ian)
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Filing 52
ORAL ORDER: The court has reviewed the parties' #51 Proposed Protective Order and will approve the order subject to the following change: In paragraph 20, the phrase "without further order of the Court" should be amended to read "subject to the approval of the Court." The parties should file a revised proposed order reflecting that change. Signed by Judge William C. Bryson on 2/6/2023. (dds)
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Filing 51
PROPOSED ORDER Proposed Protective Order by Impossible Foods Inc.. (Liston, Ian)
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Filing 50
NOTICE OF SERVICE of (i) First Set of Requests for Production to Motif Foodworks, Inc. (Nos. 1-75) and (ii) First Set of Interrogatories to Motif Foodworks, Inc. (Nos. 1-12) filed by Impossible Foods Inc..(Liston, Ian)
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Minute Entry for proceedings held before Judge William C. Bryson: Telephonic hearing held on 1/12/2023. Counsel for both parties appeared. Court reporter present. The Court heard argument regarding the parties' disputes relating to the protective order to be entered in this case. (Total Time in Court: 1 hour) (Court Reporter Pam Beck). (dds)
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Filing 49
ORAL ORDER: The court will hold a teleconference regarding the disputes relating to the parties' proposed protective order on Thursday, January 12, 2023, at 1:00pm Eastern Time. The dial-in information will be distributed to the parties via email. The parties are directed to jointly arrange for court reporting services for the conference. Signed by Judge William C. Bryson on 1/6/2023. (dds)
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Filing 48
Letter to The Honorable William C. Bryson from Jeremy A. Tigan regarding Motif's Reply Regarding Protective Order Disputes - re #47 Letter. (Tigan, Jeremy)
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Filing 47
Letter to The Honorable William C. Bryson from Ian R. Liston regarding Protective Order Disputes - re #46 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Liston, Ian)
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Filing 46
Letter to The Honorable William C. Bryson from Jeremy A. Tigan regarding Protective Order Disputes. (Attachments: #1 Exs. A-G)(Tigan, Jeremy)
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Filing 45
NOTICE OF SERVICE of Plaintiff Impossible Foods Inc.'s Identification of Asserted Patents and Accused Products filed by Impossible Foods Inc..(Liston, Ian)
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Filing 44
ANSWER to #34 Answer to Amended Complaint, Counterclaim by Impossible Foods Inc..(Liston, Ian)
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Filing 43
NOTICE OF SERVICE of Defendant Motif FoodWorks, Inc.'s Initial Disclosures filed by Motif Foodworks, Inc..(Tigan, Jeremy)
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Filing 42
NOTICE OF SERVICE of Plaintiff Impossible Foods Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P.26(a) filed by Impossible Foods Inc..(Liston, Ian)
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Filing 41
STIPULATION AND ORDER regarding D.I. #40 . Signed by Judge William C. Bryson on 12/12/2022. (apk)
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Filing 40
Joint STIPULATION Extend Time to File a Protective Order by Impossible Foods Inc.. (Ward, Jennifer)
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Filing 39
ORDER granting #38 Motion to Appear Pro Hac Vice. Signed by Judge William C. Bryson on 12/5/2022. (apk)
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Filing 38
MOTION for Pro Hac Vice Appearance of Attorney Susannah M. L. Gagnon - filed by Impossible Foods Inc.. (Attachments: #1 Certification of Susannah M. L. Gagnon)(Liston, Ian)
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Filing 37
SCHEDULING ORDER: Joinder of Parties due by 6/30/2023. Amended Pleadings due by 6/30/2023. Discovery due by 12/1/2023. Opening Expert Reports due by 2/1/2024. Rebuttal Expert Reports due by 4/3/2024. Expert Discovery due by 5/1/2024. Dispositive Motions due by 6/12/2024. Answering Brief due 7/17/2024. Reply Brief due 7/31/2024. Claim Construction Opening Brief due by 6/14/2023. Claim Construction Answering Brief due by 6/28/2023. Claim Construction Reply Brief due by 7/7/2023. Claim Construction Surreply Brief due by 7/14/2023. Joint Claim Construction Brief due by 7/21/2023. A 5-day Jury Trial is set for 1/13/2025 at 09:00 AM before Judge William C. Bryson. Signed by Judge William C. Bryson on 12/1/2022. (smg)
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Filing 36
Letter to The Honorable William C. Bryson from Ian R. Liston regarding Parties Joint Proposed Scheduling Order - re 35 Oral Order,. (Attachments: #1 Joint Proposed Scheduling Order)(Liston, Ian)
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Filing 35
ORAL ORDER: In light of Motif's #33 Letter, the #8 Motion to Stay is DENIED as moot. The court will hold a telephonic Rule 16 scheduling conference on December 1, 2022, at 2:00pm Eastern Time. The dial-in information and a form scheduling order will be distributed to the parties via email. The parties should jointly arrange for a court reporter to be present on the call. Signed by Judge William C. Bryson on 11/29/2022. (dds)
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Filing 34
ANSWER to Amended Complaint, re: #22 Amended Complaint with Jury Demand and, COUNTERCLAIM against Impossible Foods Inc. by Motif Foodworks, Inc..(Tigan, Jeremy)
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Filing 33
Letter to The Honorable William C. Bryson from Jeremy A. Tigan regarding Supplement to Motif FoodWorks, Inc.'s November 8, 2022 Letter - re #30 Letter. (Tigan, Jeremy)
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Filing 32
NOTICE requesting Clerk to remove Christina Garret and G. Edward Powell III as co-counsel. Reason for request: No longer associated with Wilson Sonsini Goodrich & Rosati, P.C.. (Liston, Ian)
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Filing 31
ORDER denying D.I. #24 Motion to Dismiss. Signed by Judge William C. Bryson on 11/14/2022. (apk)
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Case Reassigned to Judge William C. Bryson of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (WCB) after the case number on all documents filed. (rjb)
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Filing 30
Letter to The Honorable Colm F. Connolly from Jeremy A. Tigan regarding Response to Impossible Foods Inc.'s November 7, 2022 Letter - re #29 Letter. (Attachments: #1 Exhibit A)(Tigan, Jeremy)
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Filing 29
Letter to The Honorable Colm F. Connolly from Ian R. Liston regarding Request to Schedule Rule 16 Scheduling Conference. (Attachments: #1 Exhibit A)(Liston, Ian)
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Filing 28
REPLY BRIEF re #24 MOTION to Dismiss for Failure to State a Claim - Defendant Motif Foodworks, Inc.'s Partial Motion to Dismiss Plaintiff's Second Amended Complaint filed by Motif Foodworks, Inc.. (Tigan, Jeremy)
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Pro Hac Vice Attorney Joseph M. Paunovich for Motif Foodworks, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr)
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Filing 27
DECLARATION re #26 Answering Brief in Opposition, of Jennifer A. Ward in Support of Plaintiff Impossible Foods, Inc. Opposition to Defendant Motif Foodworks, Inc. Partial Motion to Dismiss Second Amended Complaint by Impossible Foods Inc.. (Attachments: #1 Exhibits 1 through 11)(Liston, Ian)
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Filing 26
ANSWERING BRIEF in Opposition re #24 MOTION to Dismiss for Failure to State a Claim - Defendant Motif Foodworks, Inc.'s Partial Motion to Dismiss Plaintiff's Second Amended Complaint filed by Impossible Foods Inc..Reply Brief due date per Local Rules is 11/3/2022. (Liston, Ian)
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Filing 25
OPENING BRIEF in Support re #24 MOTION to Dismiss for Failure to State a Claim - Defendant Motif Foodworks, Inc.'s Partial Motion to Dismiss Plaintiff's Second Amended Complaint filed by Motif Foodworks, Inc..Answering Brief/Response due date per Local Rules is 10/27/2022. (Tigan, Jeremy)
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Filing 24
MOTION to Dismiss for Failure to State a Claim - Defendant Motif Foodworks, Inc.'s Partial Motion to Dismiss Plaintiff's Second Amended Complaint - filed by Motif Foodworks, Inc.. (Tigan, Jeremy)
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Filing 23
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,273,492 ;10,689,656 . (Attachments: #1 Patent/Trademark Report Exh A)(Liston, Ian)
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Filing 22
Second AMENDED COMPLAINT for Damages and Injunctive Relief against Motif Foodworks, Inc.- filed by Impossible Foods Inc.. (Attachments: #1 Redlined Second Amended Complaint, #2 Exhibits 1 through 9)(Liston, Ian)
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Filing 21
STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to plaintiff's proposed second amended complaint to October 24, 2022 - filed by Impossible Foods Inc.. (Ward, Jennifer)
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SO ORDERED, re #21 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to plaintiff's proposed second amended complaint to October 24, 2022, filed by Impossible Foods Inc. Reset Answer Deadlines: Motif Foodworks, Inc. answer due 10/24/2022. Ordered by Judge Colm F. Connolly on 9/6/2022. (kmd)
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Filing 20
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,863,761 ;9,943,096 ;10,039,306 ;11,013,250 ;11,224,241 . (Liston, Ian)
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Filing 19
FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against Motif Foodworks, Inc.- filed by Impossible Foods Inc. (Attachments: #1 Exhibits 1-6)(kmd)
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Filing 18
SO ORDERED, re #17 Stipulation To File First Amended Complaint, filed by Impossible Foods Inc. Signed by Judge Colm F. Connolly on 7/25/2022. (kmd)
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PATENT REPORT NOTICE: Please note that if patents are being added to this case, the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (nmf)
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Filing 17
STIPULATION To File First Amended Complaint re #1 Complaint, by Impossible Foods Inc.. (Attachments: #1 Exhibit A - First Amended Complaint with Exhibits 1-6, #2 Exhibit B - Redline of First Amended Complaint)(Liston, Ian)
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Filing 16
ANSWER to #10 Answer to Complaint, Counterclaim by Impossible Foods Inc..(Liston, Ian)
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Pro Hac Vice Attorneys Wendy L. Devine, Christiana Garrett, G. Edward Powell, III, Matthew R. Reed for Impossible Foods Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
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Pro Hac Vice Attorney Lorelei P Westin for Impossible Foods Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 15
REPLY BRIEF re #8 MOTION to Stay Pending Inter Partes Review filed by Motif Foodworks, Inc.. (Tigan, Jeremy)
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Filing 14
ANSWERING BRIEF in Opposition re #8 MOTION to Stay Pending Inter Partes Review filed by Impossible Foods Inc..Reply Brief due date per Local Rules is 5/17/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liston, Ian)
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Christiana Garrett, G. Edward Powell III, Matthew R. Reed, and Lorelei P. Westin, filed by Impossible Foods Inc. Ordered by Judge Colm F. Connolly on 5/6/2022. (kmd)
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Filing 13
MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Christiana Garrett, G. Edward Powell III, Matthew R. Reed, and Lorelei P. Westin - filed by Impossible Foods Inc.. (Attachments: #1 Certification of Wendy L. Devine, #2 Certification of Christiana Garrett, #3 Certification of G. Edward Powell III, #4 Certification of Matthew R. Reed, #5 Certification of Lorelei P. Westin)(Liston, Ian)
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Pro Hac Vice Attorney Ryan Landes, Sandra L. Haberny, Stephen Q Wood, and Sarah Cork for Motif Foodworks, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Paunovich, Stephen Q. Wood, Ryan Landes, Sandra L. Haberny, and Sarah M. Cork - filed by Motif Foodworks, Inc.. (Tigan, Jeremy)
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Paunovich, Stephen Q. Wood, Ryan Landes, Sandra L. Haberny, and Sarah M. Cork, filed by Motif Foodworks, Inc. Ordered by Judge Colm F. Connolly on 5/4/2022. (kmd)
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Filing 11
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Motif Foodworks, Inc.. (Tigan, Jeremy)
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Filing 10
ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Impossible Foods Inc. by Motif Foodworks, Inc..(Tigan, Jeremy)
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Filing 9
OPENING BRIEF in Support re #8 MOTION to Stay Pending Inter Partes Review filed by Motif Foodworks, Inc..Answering Brief/Response due date per Local Rules is 5/10/2022. (Attachments: #1 Exhibits 1-3)(Tigan, Jeremy)
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Filing 8
MOTION to Stay Pending Inter Partes Review - filed by Motif Foodworks, Inc.. (Tigan, Jeremy)
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SO ORDERED, re #7 STIPULATION TO EXTEND TIME for Defendant Motif FoodWorks, Inc. to move, answer, or otherwise respond to Plaintiff Impossible Foods Inc.'s complaint (D.I. 1) to April 29, 2022 filed by Motif Foodworks, Inc., Set/Reset Answer Deadlines: Motif Foodworks, Inc. answer due 4/29/2022. Signed by Judge Colm F. Connolly on 3/18/2022. (nmf)
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Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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Filing 7
STIPULATION TO EXTEND TIME for Defendant Motif FoodWorks, Inc. to move, answer, or otherwise respond to Plaintiff Impossible Foods Inc.'s complaint (D.I. 1) to April 29, 2022 - filed by Motif Foodworks, Inc.. (Tigan, Jeremy)
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Filing 6
SUMMONS Returned Executed by Impossible Foods Inc.. Motif Foodworks, Inc. served on 3/9/2022, answer due 3/30/2022. (Liston, Ian)
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Filing 5
Summons Issued as to Motif Foodworks, Inc. on 3/9/2022. (mpb)
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Filing 4
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Impossible Foods Inc.. (mpb)
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Filing 3
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,863,761. (mpb)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb)
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Filing 1
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Motif Foodworks, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3820547.) - filed by Impossible Foods Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(mpb).
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