Federal Court in the District of Colorado Rules Liquid Cannabinoid Formulations Are Patent Eligible

This alert discusses a recent court decision in the first cannabis patent litigation in United States federal district court (United Cannabis Corp. ("UCANN") v. Pure Hemp Collective, Inc. (D. Colo. No: 1:18-cv-01922- NYW)). Pure Hemp filed a motion for partial summary judgment arguing that claims directed to specific liquid cannabinoid formulations were unpatentable under 35 U.S.C. §101. In its ruling, the court denied the motion, effectively ruling that claims directed toward liquid cannabinoid formulations are not directed to patent-ineligible subject matter. United Cannabis Corp. v. Pure Hemp Collective Inc., Civil Action No. 18-cv-1922-WJMNYW, 2019 U.S. Dist. LEXIS 66092, *19 (D. Colo. Apr. 17, 2019). 

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