Canopy Growth Says GW Pharma Infringed On CBD Extraction Patent In Federal Lawsuit

MJ moment

Two of the biggest players in the marijuana space are heading to federal court over a dispute related to an alleged violation of a patent for a cannabis extraction method. Canopy Growth Corporation, a Canadian-based marijuana company, filed a lawsuit on Tuesday against GW Pharmaceuticals, a UK-based firm that produces the Food and Drug Administration-approved cannabis-derived anti-seizure medication Epidiolex. The legal action came on the same day that the U.S. Patent and Trademark Office issued a new patent to Canopy that more broadly preserves its exclusivity for a process of extracting cannabinoids from plant material. That issuance is giving Canopy more leverage to pursue litigation and potentially receive damages from GW if the suit plays out in its favor. Canopy’s original patent—which was issued in October 2001—was more narrow and gave companies like GW leeway to adopt their own extraction practices that fall outside the scope of the patent. That’s not the case anymore, and if the U.S. District Court for the Western District of Texas sides with the plaintiffs, it could have far-reaching implications for the marijuana industry. Canopy is claiming that GW’s infringement of a patented extraction method “has been and continues to be willful and deliberate.” Because of this infringement, “Canopy has suffered and continues to suffer damages and irreparable harm.,” the suit says. The looming issue for the industry is that, if Canopy succeeds in this case, that could mean it would have exclusive rights to an extraction process that is widely use across the market—leaving any company that relies on this method at risk of litigation. It wouldn’t be indefinite, of course. The 2001 patent that is the basis of its latest iteration is set to expire in a little under a year and a half. But even in that timeframe, Canopy could profit immensely…

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Source : Canopy Growth Says GW Pharma Infringed On CBD Extraction Patent In Federal Lawsuit

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