An important patent infringement case is pending at the District Court of Colorado in the United States of America. The case is United Cannabis Corporation v. Pure Hemp Collective, Inc., and it is the first ever patent related infringement case for cannabis products.
The case it based around United Cannabis suing Pure Hemp for allegedly infringing its patents related to a liquid formulation of plant cannabinoid extracts. The outcome of the case will have significant ramifications for many professionals in this area. This case is particularly fascinating for law professionals as it brings an issued cannabis patent into federal court in the context of a dispute over activity that is legal under state law but illegal and politically sensitive, under federal law.
It is unclear whether the court will allow a cannabis patent infringement case to go forward, particularly where it seeks money damages for the sale of cannabis. We’ll keep you updated as we hear from the court.
The result could provide guidance to entrepreneurs considering applying for patents on cannabis-related inventions, or enforcing such patents in court.