United Cannabis Corporation v. Pure Hemp Collective, Inc., Case No. 1:18-cv-01922 (D. Colo.)

United Cannabis Corporation v. Pure Hemp Collective, Inc., Case No. 1:18-cv-01922 (D. Colo.)
CANNANNEW REPORT

Patent Enforcement in the Cannabis Industry – Litigation Heats Up as Competitors Jockey for Market Position by Patrick Muffo  |  Seyfarth Shaw LLP The buzz of the cannabis industry has brought with it significant competition. The “green rush” of legalization produced a small group of legitimate competitors in both the consumable and pipe spaces. It is no surprise, then, that innovative companies protected their technology and did everything they could to box out their competition. The industry can expect more of the same as competitors fight for market share in a business ripe for explosion. This post will examine the three most common forms of patent protection found in the cannabis industry, and an example of where each was litigated. Utility Patent – Device One type of utility patent protects the structure of a novel device. A company patents their proverbial “widget” and scans the marketplace to remove any copycats. Within the cannabis industry, this type of patent is most often seen with pipe companies. E-rig giant PuffCo has not been shy about enforcing their patents. Several years ago, PuffCo sued Kandypens for infringing a PuffCo patent on an e-rig device with a replaceable atomizer assembly. Kandypens eventually agreed to a court-ordered injunction to prevent future sales of that particular design of the Oura product, effectively forcing Kandypens to redesign the Oura. PuffCo then turned its sights to MasterMinded and asserted the same patent. (Puff Corp. v. SHO Products, LLC et al, 2:22-cv-02008-GW-KS (C.D. Cal.)). That case is still pending. The PuffCo lawsuits illustrate the importance of protecting the structural design of a company’s flagship product. They are also a cautionary tale to review existing patents before embarking on a product launch. Utility Patent – Composition Some utility patents can protect a chemical composition. For example, many consumable companies protect their methods…

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Source : United Cannabis Corporation v. Pure Hemp Collective, Inc., Case No. 1:18-cv-01922 (D. Colo.)

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