Two cannabis industry powerhouses are on trial after Canopy Growth Corporation filed a lawsuit against GW Pharmaceuticals, the company that makes cannabidiol (CBD) -based drug Epidiolex®, last December. Canopy claims it has exclusive rights used to the extraction process to make the drug.
Larry Sandell, a patent attorney in Washington DC, said Forbes that the Canopy patent “largely covers CO2 Extraction, the most widely used and perhaps the most important extraction technique. “
Canopy supports his claim with hers patent Granted in 2020 to protect his right to control a certain type of cannabinoid extraction in the United States. The company’s original patent, issued in 2014was significantly narrower in scope. If the lawsuit is successful, it could have far-reaching consequences for cannabis companies outside of GW.
“It could really be a huge threat to the extraction industry… Although there are steps that can be taken to reduce the risk of liability for breaches, CO2 With extractors, this anvil can essentially hang over your head if business goes on. ” said Sandel.
If Canopy wins its suit, it will have a huge advantage over its competitors. Many CBD companies use the proprietary extraction method. Canopy could potentially decide to defend its patent by filing a series of lawsuits following its GW case.
Epidiolex® is currently the only cannabis-based drug (that is not a synthetic drug) approved by the U.S. Food and Drug Administration (FDA). However, GW has also developed other cannabinoid therapies that are currently being tested in trials.
And GW isn’t the only company taking this path. Several other pharmaceutical companies are currently conducting clinical trials for their own cannabinoid-based drugs, which will also be submitted for approval if tests show positive results.
In the Canopy lawsuit specified“This case is not about restricting patient access to Epidiolex®. Rather, Canopy is doing this to stop GW’s knowledge and unauthorized use of Canopy’s intellectual property.”
Unfortunately, if Canopy wins the suit, it could restrict patient access.
“For political reasons, we do not comment on pending legal disputes, except that we are convinced of our position based on our preliminary examination of the complaint and will vigorously defend ourselves against this lawsuit,” said a GW spokesman said.
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