January 23, 2019
Marijuana-based patents are gaining traction with the legalization of marijuana in Canada and parts of the United States.
In 2018 alone, the U.S. Patent and Trademark Office issued 39 patents relating to cannabis or marijuana. Now, the first patent lawsuit in the cannabis industry is being fought in the Colorado courts. Biotech company United Cannabis Corporation (“UCANN”) has filed a patent infringement lawsuit against Pure Hemp Collective Inc. a company that makes cannabis products (Case 1:18-cv-01922-NYW).
UCANN has a patent for cannabis extracts and methods of preparing and using the extracts, including various liquid formulations with a high concentration of CBD (95% or more) . CBD is a non-psychoactive component of hemp which may have therapeutic benefits. For example, UCANN has used its patent to develop a line of Prana Bio Nutrient Medicinals to treat illnesses such as chronic pain, paralysis, anxiety and epilepsy.
Pure Hemp makes wellness products containing cannabis extracts, including tinctures, gel capsules, vape pens, salves and topical ointments. UCANN is alleging that Pure Hemp’s products infringe on its patent because they use a liquid cannabinoid formulation containing 95% CBD.