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Recent Trends in Cannabis Patent Litigation

April 01, 2019
Firm Memoranda
This alert discusses developments in the cannabis patent litigation landscape.  In particular, the U.S. Patent Trial and Appeal Board ("PTAB") has adjudicated its first cannabis-related inter partesreview ("IPR") (Insys Development Company, Inc. v. GW Pharma Limited and Otsuka Pharmaceutical Co.(IPR 2017-00503)), and the first cannabis-related patent infringement suit is currently being litigated in federal district court (United Cannabis Corp. ("UCANN")  v. Pure Hemp Collective, Inc. (D. Colo. No: 1:18-cv-01922-NYW)).  We also address the current law regarding obviousness (35 U.S.C. §103(a)) and patent-eligible subject matter (35 U.S.C. §101) in the context of cannabis patents.
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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