CannabIP: Second Circuit Refuses to Dismiss CBD Reclassification Case

Cannabis IP patent trademark

On May 30, 2019, the Court of Appeals for the Second Circuit in Washington v. Barr,[1] refused to dismiss outright a case where the plaintiffs alleged marijuana’s classification on the Drug Enforcement Agency (DEA)’s Schedule I list of the Controlled Substance Act (CSA) of the poses a “serious, life-of-death threat to their health.”  The Second …

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CannabIP: Hemp Now Accepted For PVP Protection

Cannabis IP plantIP PVP technology

On April 24, 2019, the U.S. Department of Agriculture (USDA) announced that the Plant Variety Protection Office (PVPO) will begin accepting applications for new, distinctive hemp-based seed-propagated plants for Plant Variety Protection (PVP) Certificates, as a result of the 2018 Farm Bill signed December 20, 2018.  Hemp is the non-psychoactive element of C. sativa plant, …

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TechPat: Justice Department Reviews Truvada Manufacturer for Possible Patent Violations

patent Tech Patents

The U.S. Department of Justice (DOJ) has recently opened an investigation into possible violations of Gilead Sciences, Inc.’s exclusive license with the U.S. Government of its blockbuster HIV drug, TRUVADA®.  Truvada is the pre-exposure prophylaxis (PrEP) which has been shown to prevent HIV infections.  Because of its exclusive license, Gilead is the only manufacturer of …

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CannabIP: U.S. Patent No. 10,179,694 B2

Cannabis IP patent

U.S. Patent No. 10,179,694 B2 (‘694) issued on November 20, 2018, for “Constant Illuminated Tamper-Resistant Plant Shipping Container.”  It was issued to applicant/inventor Larry D. Fenner, Jr. of Bellingham, Washington.  The assignee is THC Acquisition Corp. of Kelowna, British Columbia.  THC BioMed Ltd. is the parent company, a Canadian medical cannabis company. Figure 1 illustrates …

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Fed Circuit Watch: EV Battery Claims Found Patent-Ineligible

101 fed circuit watch patent patent eligible subject matter

What had opened with a promise of clarity for patent subject matter eligibility under 35 U.S.C. §101 took a detour with the ChargePoint, Inc. v. SemaConnect, Inc.,[1] decision issued on March 28 2019, by the Court of Appeals for the Federal Circuit. Four patents were at-issue, all owned by ChargePoint: U.S. Patent Nos. 8,138,715 (‘715), …

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Fed Circuit Watch: Treatment Method Claims Found Patent-Eligible

101 fed circuit watch patent patent eligible subject matter

The third treatment method case in the last year that was challenged as patent-ineligible subject matter under 35 U.S.C. §101 has been found eligible by the Court of Appeals for the Federal Circuit, in a recent case, Endo Pharms. Inc. v. Teva Pharms. USA, Inc.,[1] decided March 28, 2019. Endo owns U.S. Patent No. 8,808,737 …

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Fed Circuit Watch: Cat’s Out of the Bag: Continuous Reduction to Practice is Reasonable Diligence

102 fed circuit watch patent reduction to practice

Arctic Cat Inc. has been involved in a few patent-related cases in recent years, including one case from 2018 which we discussed on this blog dealing with the law of obviousness’s motivation to combine analysis under 35 U.S.C. §103.  Its most recent foray into the Court of Appeals for the Federal Circuit resulted in its …

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