In earlier posts, we’ve puzzled about why nobody has filed a hashish patent infringement case, regardless of the big variety of patents granted for hashish crops and compounds. See right here, right here, right here, and right here.
That every one modified final week. United Hashish Company (“UCANN”) has now filed what’s believed to be the primary hashish patent infringement grievance. The case is United Hashish Company v. Pure Hemp Collective, Inc., case no. 1:18-cv-01922-NYW, in the US District Courtroom for the District of Colorado.
The patent asserted is U.S.P. 9,730,911, “hashish extracts and strategies of getting ready and utilizing similar.” The claims within the patent typically cowl liquid cannabinol formulations utilizing tetrahydrocannabinol (THC), cannabidiol (CBD), and varied terpenes. See, for instance, declare 10: “A liquid cannabinoid formulation, whereby not less than 95% of the entire cannabinoids is cannabidiol (CBD).”
Though the UCANN grievance doesn’t specify which claims are being asserted, it seems that the plaintiff might give attention to CBD-related claims, e.g., claims 10-15, quite than claims for THC. The grievance devotes a number of paragraphs to discussing FDA’s latest approval of Epidiolex, a CBD-based drug, as we focus on right here and right here. The grievance means that FDA will reclassify CBDs typically as Schedule II or Schedule III medication. Whereas it’s clear that FDA will do a reclassification, it isn’t clear that it’s going to reclassify all CBDs, quite than simply the Epidiolex compound.
In any occasion, we anticipate to see extra hashish patent litigation quickly, maybe in Colorado, California, Oregon or elsewhere. Whether or not will probably be a trickle or a flood stays to be seen, however we will probably be following the UCANN case carefully and offering common updates.
For extra on hashish patents, see our sequence right here: