Impossible Foods accuses Motif FoodWorks of patent infringement over flagship ‘heme’ ingredient; Motif blasts lawsuit as ‘baseless attempt to stifle competition’

In a lawsuit* filed March 9 - weeks after Meati Foods and The Better Meat Co became embroiled in a legal dispute over IP surrounding mycelium-based meat substitutes​​ - Impossible Foods is seeking unspecified damages and injunctive relief to “protect its innovative technology and products against ​[Motif FoodWorks'] patent infringement.”​

The dispute centers on Impossible Foods’ heme (soy leghemoglobin), which imparts a red-brown color and meaty flavor that the San Francisco-based firm claims gives its burgers a significant edge in the marketplace.  

Impossible Foods: Motif FoodWorks infringes ‘761 patent ​‘​directly or through intermediaries’ ​

According to the lawsuit, Motif FoodWorks – which has just launched a meaty flavor for alt meat applications called HEMAMI​​ - “has been infringing Impossible Foods’ patents, including at least United States Patent No. 10,863,761​,​​ and continues to do so through the present date.”​

While Motif is not a CPG company, it “has made and demonstrated a replica burger at trade shows”​ that “infringes the ’761 Patent,” ​claimed Impossible Foods, which notes that burgers containing HEMAMI have also been sold by Motif’s partners including restaurant chain Coolgreens.​

“On information and belief, defendant (Motif) has been and is now infringing at least claim 1 of the ’761 Patent in the United States by, among other things, directly or through intermediaries, making, using, selling, and/or offering for sale an imitation burger including HEMAMI.”​

Motif FoodWorks: Lawsuit a ‘baseless attempt by Impossible Foods to stifle competition and limit consumer choice’​

However, a Motif spokesperson told FoodNavigator-USA that the complaint is “not supported by facts or the law and is nothing more than a baseless attempt by Impossible Foods to stifle competition, limit consumer choice, and impede Motif, a new and innovative company with significant business momentum.”​

The spokesperson added: “We intend to contest these allegations vigorously and will respond through the appropriate legal channels. We will continue to pursue our go-to-market strategy and work towards our mission to bring better tasting, nutritious and sustainable foods to the world.”​

A​n Impossible Foods spokesperson told us: “We applaud other companies’ efforts to develop compelling plant-based products, but we do not tolerate attempts to undermine our brand or products through the deliberate and unauthorized infringement of our intellectual property.” ​

How do the ingredients compare?​

So what information is publicly available about the two firms’ respective ‘meaty-tasting’ ingredients?

According to a GRAS notice​​ from Impossible Foods, its flagship ingredient soy leghemoglobin is a protein found in nodules attached to the roots of nitrogen-fixing plants such as soy that Impossible Foods produces via a genetically engineered strain of Pichia pastoris​ (a yeast widely used for production of recombinant proteins and food enzymes), the DNA of which has been retooled to produce leghemoglobin.

Its ‘LegH Prep’ ingredient combines soy leghemoglobin protein, Pichia​ yeast proteins, salt, and sodium ascorbate, imparting a red-brown color and ‘meaty’ flavor that Impossible Foods claims gives its products a significant edge in the marketplace.  

According to the GRAS notice, “Once cooked and digested, both soy leghemoglobin and animal-based myoglobin release identical heme B molecules into the digestive system.” ​

Motif CTO: HEMAMI ‘has a unique flavor profile that provides a very authentic meaty experience’​

According to Motif FoodWorks’ GRAS notice​​, the ingredient it has branded as HEMAMI is myoglobin, a heme-binding protein found in the muscle tissue of cows that Motif is expressing in a genetically engineered strain of Pichia pastoris ​yeast.​

The myoglobin preparation is intended for use at inclusion rates of ≤2% to “mimic flavors associated with cooked ground meat​” in fresh or frozen plant-based burgers, patties, sausages, and other meat analogs.

Asked in a recent interview with FoodNavigator-USA how Motif’s myoglobin compared to Impossible Foods’ soy leghemoglobin, Motif CTO Mike Leonard said: “It's a different protein. The operative property is that it binds iron, and brings all the benefits from a sensory standpoint that come with that. It has a unique flavor profile that provides a very authentic meaty experience. It's the same protein you find in muscle tissue of cows.”​

The ingredient has been tested with consumers with exciting results, added Leonard. “The feedback we've received has been really tremendous; we're a b2b company but we go all the way to finished product design, because that's the best way to showcase how our technology really provides a benefit for consumers.”​

Impossible Foods: ‘​Our IP and our brand are unique differentiators’​

Asked about its IP around heme in an interview with FoodNavigator-USA in 2019, ​Impossible Foods' former CFO David Lee told us: “Our IP and our brand are unique differentiators​… 

"I’m not an IP attorney, but I do know that our globally issued patents cover the use of heme, any heme,​ in plant-based meat and I think we have a unique set of technology to make heme in a high quality low cost way. I can’t comment on others and their approaches, but I do think that this precludes others from an IP standpoint from using heme to make delicious meat.”​

*The case is Impossible Foods v Motif FoodWorks. Case #1:22-cv-00311 filed March 9, 2022.