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 …
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 …
TechPat: U.S. Patent No. D844,022 S1
U.S. Patent No. D844,022 S (‘022) issued on March 26, 2019, for “Computing Device Display Screen with Graphical User Interface.” It was issued to inventor Shalin Amin, of San Francisco, California. The applicant/assignee is Uber, Inc. of San Francisco, California, a ride share/ride hailing company. This patent is a design patent under 35 U.S.C. §171, …
Fed Circuit Watch: EV Battery Claims Found Patent-Ineligible
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), …