A Brief Summary Of Patent Proceedings Involving Cannabis Patents

A Brief Summary Of Patent Proceedings Involving Cannabis Patents

24 June 2022 by Jordan M. Gringauz Finnegan, Henderson, Farabow, Garrett & Dunner, LLP To date, there have been relatively few patent proceedings relating to cannabis patents and no court has issued a finding of infringement. With the interest in potential utility of cannabis to develop treatments for a variety of medical conditions and the continued issuance of cannabis patents, the number of cannabis patent proceedings is likely to increase as well. Four cannabis-related patent proceedings are outlined briefly in this post. United Cannabis Corporation v. Pure Hemp Collective, Inc., Case No. 1:18-cv-01922 (D. Colo.) In July of 2018, United Cannabis Corporation (“UCANN”) filed an infringement action against Pure Hemp Collective (“Pure Hemp”) in the United States District Court District of Colorado. UCANN alleged that Pure Hemp sold several cannabis products that infringed UCANN’s U.S. Patent1, which claims various liquid formulations of enriched extracts of plant cannabinoids. Pure Hemp filed an early motion for partial summary judgment seeking to invalidate the claims of the patent as directed to ineligible subject matter under 35 U.S.C. §101. The Court applied the two-part Alice test and denied the motion, finding no indication that the precise concentrations of cannabinoids and related chemicals form in nature in liquid form. Thus, the court found the claims were not directed to an unpatentable law of nature, a natural phenomenon, or an abstract idea. The case was ultimately dismissed with prejudice before validity of the patent was determined on the merits. Canopy Growth Corporation v. GW Pharma Limited and GW Research Limited, Case No. 6:20-cv-01180 (W.D. Tex.) In December 2020, Canopy Growth Corporation (“Canopy”) filed a complaint for patent infringement against GW Pharmaceuticals PLC (“GW”) in the United States District Court for the Western District of Texas. Canopy alleged that GW’s anti-epileptic CBD therapeutic, Epidiolex, infringed Canopy’s U.S. Patent2 which relates to…

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