The U.S. Patent and Trademark Office has invalidated 23 claims in an Impossible Foods patent, finding the claims were "unpatentable."

The decision, issued June 12, comes from the Patent Trial and Appeal Board, which chose not to review an additional six claims made by Motif FoodWorks, which formulates food products to be free of animal products.

Both companies have been engaged in an ongoing court battle over plant-based heme protein developed from genetically engineered yeast that mimics the taste of meat.

Impossible Foods' patented version is similar to soy leghemoglobin. HEMAMI is the heme protein created by Motif, which is like the muscle tissue of cows, bovine myoglobin.

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Impossible sued Motif for infringement of its heme protein patent. As a result of the ongoing court dispute, Motif challenged its competitor's current heme protein patent — and was successful.  

Neither company responded to requests for comments on the patent appeal or current litigation. Both make plant-based meat, eggs, or dairy to mimic traditional animal products.

According to the Plant-Based Foods Association, total U.S. retail plant-based sales reached $8.1 billion in 2023.

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