Canopy Growth, the Canadian top-tier cannabis firm, asserts that CBD processors using a unique carbon(iv)oxide extraction formula may owe them compensation or licensing charges.
This week, Canopy filed a patent violation lawsuit against GW Pharmaceuticals, a medical CBD manufacturer based in the united kingdom. The suit could carry extensive consequences for any organization making both CBD and THC oil. Canopy Growth has investments in both CBD and cannabis businesses.
Larry Sandell, a patent lawyer based in Washington DC, said that potentially any individual who conducts CO2 extraction could be contravening. He further said that he doesn’t know the amount of CO2 extraction that falls out of the range of the plaintiff’s claims.
Marijuana Moment stated that unless GW Pharmaceuticals can prove the patent is illegitimate, Canopy will hold exclusive rights to an extraction formula that’s broadly used throughout the market, putting any organization that uses this method susceptible to litigation.
Canopy said that it obtained the American patent after buying Germany’s C³ CBD Compound Company last year.
According to Forbes, although the application of the patent was initially filed in 2000 by Adam Mueller (inventor), Canopy’s filing in America’s Patent Office indicates that the firm paid Spectrum Therapeutics on 4th December for the technology.
On Tuesday, the United States Patent Office awarded the patent to Canopy Growth and the firm filed the lawsuit in a Texas state court during the same day. Industry experts asserted that the timing shows that the Ontario-based firm may have acquired the patent with a specific motive of filing the lawsuit.
To win the lawsuit, Canopy has to show that its patent is the first-ever. The defendant, GW, has to show that its CO2 extraction formula is not similar to the claimed Canopy’s patent or that Canopy Growth’s extraction method was obvious or known during the original 2000 application filing.