Marijuana Patent Suit a First for Judicial System

by Tony Flesor

For the first time in the marijuana industry’s history, a patent on a cannabis product is the focus of a lawsuit in federal court. United Cannabis Corporation is suing Pure Hemp Collective, Inc. for infringing on a marijuana concentrate patent.

United Cannabis Corporation was given the patent in 2017 for liquid extracts of marijuana chemicals. Pure Hemp allegedly is selling a product that matches the patented formula. In United Cannabis’ complaint they specify a liquid extract that is 95 percent cannabidiol, a chemical often referred to as CBD.

After being awarded the patent in May, UCANN notified Pure Hemp of its infringement and offered to discuss licensing. It was alleged that Pure Hemp continued to make, advertise and sell the infringing product.

Vice president and general counsel of United Cannabis said in an email, “Our company places a high priority on innovation, research and development, and when it becomes necessary, we will protect our IP rights.” Pure Hemp did not comment on the case.

To read this story and other complete articles featured in the August 20, 2018 print edition of Law Week Colorado, copies are available for purchase online.