Texas Federal Judge Tosses Canopy Growth Lawsuit

A Texas Federal judge has dismissed Canopy Growth’s patent infringement lawsuit against GW Pharmaceuticals after claim construction analysis favored GW Pharmaceuticals and both parties came to agreement that Canopy Growth could not prevail. Canopy Growth sued GW Pharmaceuticals on December 20, 2020, the exact day the patent issued. Canopy Growth claimed GW’s manufacture and distribution of the FDA approved CBD drug, Epidiolex®, infringes on claims from its CO2 extraction patent, U.S. Patent 10,870,632. Two independent claims are directed to subcritical CO2 extraction of THC and CBD from cannabis. In 2017, Canopy Growth offered licensing of the parent patent to GW Pharmaceuticals, which it declined. Now, GW Pharmaceuticals has prevailed and will continue pressing forward under Jazz Pharmaceuticals. For more insights from the Cannabis Sector, check out the Cannabis Patent Forecast® today!