Canopy Growth Corporation filed a lawsuit against GW Pharmaceuticals last December. This is the company that produces the cannabidiol-based drug Epidiolex. Canopy claims that it holds exclusive rights in extracting the medication.
Larry Sandell, a Washington DC attorney for patents, stated that Forbes the Canopy Patent "broadly covers CO 2 extraction, the most commonly used and perhaps most important extraction method."
Canopy supports this claim with its patent issued in 2020, which protects its right to regulate a particular style of cannabinoid extract in the US. The original patent issued to the company in 2014 was much narrower. It could have far-reaching implications for cannabis companies that go beyond GW if the lawsuit is successful.
Sandell stated that "It really could pose a threat to the extract industry...Some steps can be taken to reduce infringement risk risks, but CO 2 extractions may have this anvil hanging over them as the business goes on."
Canopy will win its case and have an advantage over its competition. Many CBD companies employ the protected extraction method. Canopy may decide to defend its patent and file a flurry of lawsuits following its GW case.
Epidiolex, r) is the current only cannabis-based medicine that has been approved by the US Food and Drug Administration. GW has also developed cannabinoid therapies that have been successfully tested.
GW isn't the only company to follow this path. Other pharmaceutical companies are also conducting clinical trials for cannabinoid-based medicines. If positive results are found, they will also file for approval.
In the lawsuit, Canopy stated, "This case is not about restricting patient access to Epidiolex(r)...Rather, Canopy brings this action to put a stop to GW's knowing and unauthorized use of Canopy's intellectual property."
If Canopy wins the suit, it could lead to reduced patient access.
"As a policy, we don't comment on any pending litigation other than to say that based upon our preliminary review of this complaint, we are confident and will vigorously defend against it," a GW spokesperson stated.
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Article credit to https://cbdhealthandwellness.net
