U.S. Patent No. 10,245,237 B2 (‘237) issued on April 2, 2019, for “Compressed Tablet Containing Cannabidiol, Method for its Manufacture and Use of Such Tablet in Oral Treatment of Psychosis or Anxiety Disorders.” It was issued to inventors Jan Albert de Vries, of Zelhem, Netherlands, Maria Vanesa Fernandez Cid, of Haarlem, Netherlands, Ana Maria Hervedia …
Category: Cannabis IP
CannabIP: DEA Legalizes Some CBD Products
On August 26, 2019, the U.S. Drug Enforcement Administration (DEA) announced an expansion of a federal program allowing legalized cannabis research, by allowing additional applications from cannabis cultivators. In doing so, the DEA will increase the pool of potential legal sourcing of cannabis for medical and scientific research. Currently, the only cannabis that can be …
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 …
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 …
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 …
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, …
CannabIP: U.S. Patent No. 10,179,694 B2
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 …
CannabIP: U.S. Patent No. 10,206,963 B2
U.S. Patent No. 10,206,963 B2 (‘963) issued on January 15, 2019, for “Topical Medicinal Gel.” It was issued to applicants/inventors Joan McMahon of Midland, Michigan and Stephanie House of Merrill, Michigan. The ‘963 patent discloses a process for a topical composition containing cannabis. The novel aspect is rather than containing a greasy emollient like olive …
CannabIP: District Court Finds §101 Patent-Eligibility in First Cannabis Patent Litigation
On April 17, 2019, Judge William J. Martinez denied an early motion for partial summary judgment for invalidity based patent-ineligible subject matter under 35 U.S.C. §101, in the first federal patent infringement case testing the patent claims of cannabinoid formulations. Judge Martinez, sitting in the District of Colorado, found the patent-at-issue, U.S. Patent No. 9,730,911 …