2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review -
2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s...more
Almost one year ago, the 2018 Farm Bill was signed into law, and, for the first time, hemp and hemp-derived cannabidiol (CBD) were federally legalized. Under the statute, legal hemp is defined as “the plant Cannabis sativa L....more
USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways -
On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more
6/6/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Copyright ,
Design Patent ,
Due Diligence ,
Farm Bill ,
Food and Drug Administration (FDA) ,
IP License ,
Lanham Act ,
Licenses ,
Licensing Rules ,
Open Source Software ,
Patent Ownership ,
Patent Validity ,
Patents ,
Software ,
Software Patents ,
Trademarks ,
USPTO
Last week, the U.S. Patent and Trademark Office released its new guidelines on how it will examine federal trademark applications for cannabidiol (CBD) products in light of the 2018 Farm Bill. While these new guidelines are...more
On January 3, 2019, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in Insys Development Co., Inc. v. GW Pharma Ltd. (IPR2017-00503), a landmark inter partes review...more
Canada became the second country in the world to legalize cannabis across the board. As much of the world wonders what will become of this "national experiment," many of us in the IP industry contemplate the impact Canada's...more
On June 25, 2018, GW Pharmaceuticals plc and its U.S. subsidiary, Greenwich Biosciences, made history in the cannabis industry by winning FDA approval of the drug Epidiolex, a cannabidiol (CBD) oral solution for the treatment...more
For companies in the cannabis industry seeking to protect their innovations, patent protection is typically available for cannabis-related inventions (including the plant itself), just like it is for any other invention—they...more
Since Attorney General Jeff Sessions was sworn in, the cannabis industry has been watching and waiting to see if he would indeed keep his word to crack down on state-legal cannabis businesses. On January 4, 2018, just four...more
As with any billion dollar market, patents are an important consideration for the cannabis industry. Despite its current classification as a Schedule I drug under the Controlled Substances Act, however, the U.S. Patent and...more
The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? -
On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more
9/18/2017
/ Defend Trade Secrets Act (DTSA) ,
Forum Selection ,
Intellectual Property Protection ,
Marijuana ,
Misappropriation ,
Patents ,
Principal Place of Business ,
TC Heartland LLC v Kraft Foods ,
Trade Secrets ,
Venue ,
Water Splash v Menon
The legal U.S. cannabis market, which includes medicinal and recreational sales, is booming. Last year alone, the industry accumulated an estimated $7.2 billion in revenue, and that number is projected to grow to $21.2...more
Issues to Be Aware of When Seeking Trademark Protection -
Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others....more
12/9/2015
/ Advertising Substantiation ,
Corporate Social Responsibility ,
Costco ,
Federal Trade Commission (FTC) ,
Green Guides ,
Likelihood of Confusion ,
Made in the USA ,
Tiffany and Company ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Truth in Advertising
Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others. However, there are many issues to be aware of when seeking...more
12/4/2015
/ Apple ,
Cease and Desist ,
Facebook ,
Kodak ,
Likelihood of Confusion ,
Popular ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
USPTO ,
Xerox