Federal Court Denies Pure Hemp Collective’s Early Motion for Summary Judgment
DENVER, April 25, 2019 (GLOBE NEWSWIRE) -- United Cannabis Corporation (CNAB) (the “Company” or “United Cannabis”) surpassed a significant hurdle in its pending patent infringement case against Pure Hemp Collective when United States District Judge William Martinez held that “[d]espite the ambiguities, the Court is convinced under the current state of the case law that the challenged claims of the 911 Patent are not directed at unpatentable subject matter . . . Pure Hemp has failed to establish beyond genuine dispute that a liquefied version of cannabinoids and related chemicals at the concentrations specified in the 911 Patent is anything like a natural phenomenon.”
The Court also dispensed with Pure Hemp’s contention that Claim 31 of the 911 Patent, a dependent claim that adds a medium chain triglyceride (MCT) to the claimed formulations, was invalid under 35 U.S.C. § 112. Noting that United Cannabis had previously corrected a multiple dependency problem via disclaimer, Judge Martinez held “n short, there is neither a good reason nor a statutory basis to declare Claim 31 invalid, even though it previously depended on multiple dependent claims. The Court therefore rejects this argument.”
Jesús Vázquez, Vice President and General Counsel of United Cannabis, commented: “We are pleased with the Court’s analysis of the case law and with its ruling. The ruling is a very favorable development for us in the pending litigation in that it fully disposes of one major challenge to the validity of the 911 Patent raised by Pure Hemp. The ruling is also important because it strengthens our company’s patent portfolio. We are mindful that the case continues, and we look
