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

May 06, 2019
Firm Memoranda

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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If you have any questions about the issues addressed in this memorandum, or if you would like a copy of any of the materials mentioned in it, please do not hesitate to reach out to:

Robert Becher
Phone: +1 213-443-3182

Michael T. Zeller
Phone: +1 213-443-3180

Ben Dach
Phone: +1 212-849-7640