News & Analysis as of

Patent Litigation Cannabis Products

Bradley Arant Boult Cummings LLP

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2023: Watching the Pot™

High Stakes: Hatch-Waxman Litigation Comes for Cannabis - GW Pharma, now a subsidiary of Jazz Pharmaceuticals, is no stranger to patent litigation. It previously found itself on the receiving end of a patent infringement...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2023

Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – February 2022: Watching the Pot™

Is Canopy Growth v. GW Pharma Headed to the Federal Circuit? We have been closely monitoring patent litigation in the cannabis space, including suits related to cannabis extraction technology such as the action filed in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – February 2022

Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2021: Watching the Pot™

Judge Albright Construes a Cannabinoid Extraction Patent - We have been monitoring the patent showdown between Canadian corporation Canopy Growth and its suit against UK-based specialty pharmaceutical company GW...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2021

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021: Watching the Pot™

Cannabis Extraction Technology Litigation Updates - We previously predicted that, as the cannabis patent landscape matures and the number of cannabis patents reaches a critical mass, litigation in this field will...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

Fish & Richardson

IP and Cannabis: The Current Landscape

Fish & Richardson on

Cannabis is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. While marijuana remains a...more

Lowndes

United Cannabis Formulation Patent Survives Early Patentability Challenges

Lowndes on

United Cannabis (UCANN) holds U.S. Patent No. 9,730,911 that covers a cannabinoid-based medical product formula invented by Tony Verzura and Earnie Blackmon. The patent issued August 15, 2017. UCANN filed suit against Pure...more

Holland & Knight LLP

Liquid Cannabis Patent Survives Section 101 Challenge

Holland & Knight LLP on

The U.S. District Court for the District of Colorado on April 17, 2019, upheld United Cannabis Corp.'s (UCANN) patent claims concerning a liquid cannabinoid formulation, "wherein at least 95% of the total cannabinoids is a...more

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