Monsanto Corp., the Big Ag company which manufactures the weed killer ROUNDUP®, and was the loser in three California jury trials which $2.48 billion in potential damages, in which all the plaintiffs asserted the active ingredient in ROUNDUP, glyphosate, caused their non-Hodgkin’s lymphoma (NHL), is getting ready for a fourth trial, this time in its …
Author: Yonaxis
CannabIP: U.S. Patent No. PP30,434 P3
U.S. Patent No. PP30,434 P3 (‘434) issued on April 23, 2019, for “Cannabis Plant Named ‘LW-BB1’.” It was issued to inventors Andrew Alfred, Ian Dumpert, and Christopher Chapdeline of Denver, Colorado, and Kasey Greenwald of Evergreen, Colorado. The applicant/assignee is Green Brands, LLC. This patent is a plant patent under 35 U.S.C. §161, which protects …
Fed Circuit Watch: No State Sovereign Immunity in IPR
On June 14, 2019, the Court of Appeals for the Federal Circuit delivered its long-awaited opinion on state sovereign immunity in post-grant proceedings in Regents of the Univ. of Minnesota v. LSI Corporation.[1] Like it ruled in the sister case last year, Saint Regis Mohawk Tribe v. Mylan Pharms. Inc.,[2] dealing with tribal sovereign immunity, …
CannabIP: U.S. Patent No. 10,265,362 B2
U.S. Patent No. 10,265,362 B2 (‘362) issued on April 23, 2019, for “Ingestible Films Having Substances From Hemp or Cannabis.” It was issued to applicant/inventor Scott Schaneville, of St. Petersburg, Florida. Figure 1-2 illustrates the claimed invention: The ‘362 patent discloses a new system for cannabis medical drug delivery, specifically through mucosal oral administration of …
CannabIP: U.S. Patent No. 10,239,808 B1
U.S. Patent No. 10,239,808 B1 (‘808) issued on March 26, 2019, for “Cannabis Extracts.” It was issued to inventors Jacob Black of New Haven, Connecticut, Ryan Beigle of Littleton, Colorado, and Alex Mateo of Lakewood, Colorado. The applicant/assignee is Canopy Holdings, LLC of Littleton, Colorado, the food and agriculture company (not to confused with the …
SCOTUS Watch: Bar on Immoral and Scandalous Marks Violates First Amendment
On June 24, 2019, the U.S. Supreme Court handed down Iancu v. Brunetti,[1] dealing with the Lanham Act’s Section 2(a) bars to trademark registration’s collision against the First Amendment brick wall; the Justices in a 6-3 vote struck down the immoral and scandalous clause of §2(a) in a somewhat mixed-up and divided Court. Brunetti is …
CannabIP: Second Circuit Refuses to Dismiss CBD Reclassification Case
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 …
SCOTUS Watch: Government Is Not a Person for Purposes of AIA
On June 10, 2019, the U.S. Supreme Court overturned the Court of Appeals for the Federal Circuit in Return Mail, Inc. v. United States Postal Service,[1] in which the Court held that the Government was not a “person” for definitions of the America Invents Act (AIA). The case originates from Return Mail’s patent, U.S. Patent …
CannabIP: Hemp Now Accepted For PVP Protection
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, …
TechPat: Justice Department Reviews Truvada Manufacturer for Possible Patent Violations
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 …