Analysis

Colo. Ruling Could Provide Road Map For Cannabis Inventors

Law360 (April 25, 2019, 12:13 PM EDT) -- The first marijuana-derived patent to be tested in a federal court has survived an early eligibility challenge, soothing concerns about enforcing cannabis patents through litigation and providing the industry with a potential road map for protecting certain types of inventions.

A patent lawsuit in Colorado over liquid CBD formulations is being closely watched as a test case for patent enforcement in the cannabis industry. Judge William Martinez in the District of Colorado ruled last week that the highly concentrated liquid formulations of CBD and THC in United Cannabis Corp.’s patent are not a naturally occurring phenomena that would be ineligible for...

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