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-relatedinter 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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