MarkIt to Market® - March 2021: GW Pharma Seeks Dismissal of Patent Suit Filed in Texas by Canopy Growth

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

We have been keeping a close eye on the patent suit filed by Canopy Growth against GW Pharma in the Western District of Texas’s Waco Division, a venue that has attained recent fame for its speed to trial in patent litigation. In its complaint, Canopy has alleged infringement of a patent directed to cannabinoid extraction technology, accusing activities related to GW Pharma’s FDA-approved epilepsy drug, EPIDIOLEX®. In a more recent development, GW Pharma has moved to dismiss Canopy’s suit, asserting that the company lacks the minimum contacts and level of business activity necessary to support jurisdiction in Texas. GW Pharma also argues that Canopy has failed to state a claim with respect to infringement by GW Pharma. This kicks off early motions practice in the case that will play out, we expect, over the next few months.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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