The Green, Green Grass of Home -
Medical cannabis access in Ireland took another step forward last month when Minister for Health, Stephen Donnelly, introduced funding and eased the ways for patients to get access to it....more
The February 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses tips for co-branding arrangements in light of the recent collaboration between K-Swiss and Girl Scouts and an update on access to medical...more
CBD Extraction Showdown: Canopy Growth Sues GW Pharma -
In a patent showdown between two high-profile players in the emerging cannabis industry, Canadian corporation Canopy Growth has sued UK-based specialty pharmaceutical...more
[co-author: Joseph Diorio, Law Clerk]
The January 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses: a recent non-precedential TTAB decision on background designs; the Trademark Modernization Act;...more
1/29/2021
/ Acquired Distinctiveness ,
Cannabidiol (CBD) oil ,
Color Marks ,
Domain Names ,
gTLD ,
ICANN ,
Lanham Act ,
Sunrise Periods ,
Trademark Application ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Utility Patents
On April 7, 2020, the Patent Trial and Appeal Board (PTAB) clarified what evidence can demonstrate that an asserted reference qualifies as a printed publication. This two-section article will first address four decisions...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
Many cannabis and investor news outlets recently reported that the United States Patent & Trademark Office (USPTO) awarded what appears to be the first patent for a hemp strain to Denver-based Charlotte’s Web Holdings...more
On April 17, 2019, U.S. District Judge William Martinez of the District of Colorado upheld the subject matter eligibility of United Cannabis Corporation’s (“UCANN”) patent claims covering liquid cannabinoid formulations....more
Products containing cannabidiol (“CBD”), a compound derived from cannabis plants, are part of a growing market segment that is on a fast-track to becoming global within the next five years. CBD-containing products, from gummy...more
Legal or not, the cannabis industry is booming. Indeed, analysts have projected that in North America alone it will grow from $9.2 billion in 2017 to $47.3 billion in 2027. Despite marijuana’s illegal status in most...more
6/14/2019
/ Canada ,
Cannabis Products ,
Conflicts of Laws ,
Decriminalization of Marijuana ,
European Patent Office ,
Global Patent Prosecution ,
Hemp ,
Patent Cooperation Treaty ,
Patents ,
United Nations ,
USPTO ,
World Health Organization
Federal Circuit clarifies that a post-filing change in RPI status can trigger the § 315(b) time-bar and that there are exceptions to issue preclusion in IPR appeals -
On June 13, 2019, the Court of Appeals for the Federal...more
6/14/2019
/ § 315(b) ,
Appeals ,
Collateral Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Issue Preclusion ,
Mergers ,
Patent Filings ,
Patent Trial and Appeal Board ,
Patents ,
Privity of Contract ,
Real Party in Interest ,
Time-Barred Claims
Despite marijuana’s illegal status in most countries, the patent arms race for cannabis has already begun. Indeed, analysts have projected that in North America alone the cannabis industry will grow from $9.2 billion in 2017...more
We have been tracking the flurry of regulatory activity surrounding hemp-derived cannabidiol (CBD) following passage of the Farm Bill in 2018. As more companies enter the CBD consumer space, branding will play a key role....more
The April 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the legal status of cosmetic products containing hemp-derived CBD and guidance on “point of sale” specimens sufficient to support...more
On April 17, 2019, United Cannabis Corporation (UCANN)—the first party to enforce a cannabis patent in federal court—survived an early patent-eligibility challenge brought by the accused infringer Pure Hemp. U.S. District...more
Consumer products containing cannabidiol (CBD) are part of a growing market segment that—legal or not—is booming. Because cannabis is largely viewed as a commodity, branding and intellectual property in this space are...more
4/8/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances ,
Controlled Substances Act ,
Corporate Branding ,
Decriminalization of Marijuana ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana Cultivation ,
Medical Marijuana ,
Trademark Registration ,
Trademarks ,
USDA
The March 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses a Supreme Court ruling about suing for copyright infringement, the 2018 Farm Bill and CBD products, and lists the new gTLD Sunrise Period.
In...more
4/3/2019
/ Cannabidiol (CBD) oil ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Domain Names ,
Farm Bill ,
Federal Trademark Register ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
gTLD ,
Marijuana Cultivation ,
SCOTUS ,
Sunrise Periods ,
Trademark Registration ,
Trademarks
A recent Federal Circuit decision (DuPont v. Synvina) addressed two key issues in PTAB proceedings: burden shifting and standing to appeal....more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
10/19/2018
/ Administrative Law Judge (ALJ) ,
Administrative Procedure ,
Administrative Proceedings ,
Burden-Shifting ,
Claim Construction ,
Litigation Strategies ,
Patent Trial and Appeal Board ,
Patents ,
Phillips Standard ,
Right To Appeal ,
Standard of Review ,
Standing
On February 4, 2015, the Federal Circuit issued a 2-1 precedential opinion in In re Cuozzo Speed Technologies, LLC, Appeal No. 14-1301 (Fed. Cir. Feb. 4, 2014), in which it affirmed the Patent Trial and Appeal Board (PTAB) in...more
2/6/2015
What is an inter partes review?
An inter partes review (“IPR”) enables a third party to challenge one or more claims in an issued patent at the United States Patent & Trademark Office (“Office”). IPR was designed to...more