Canopy’s patent is generally directed to CO2 extraction methods. The stipulation asked the U.S. District Court for the Western District of Texas to issue a final judgement in the case in GW’s favor, but explicitly reserved Canopy’s right to appeal the Court’s construction of the term “CO2 in liquefied form under subcritical pressure and temperature conditions.”
The District Court entered the jointly requested final judgment and dismissed the case on February 25. Canopy now has until March 28 to appeal Judge Albright’s construction of the patent claim language “subjecting the cannabis plant material or primary extract thereof to CO2 in liquefied form under subcritical pressure and temperature conditions to extract cannabinoid components.”
If Canopy appeals the claim construction order, the U.S. Court of Appeals for the Federal Circuit (which has appellate jurisdiction in all patent cases) will hear its arguments without giving any deference to the District Court’s ruling except for its factual findings. And, if Canopy succeeds in reversing the claim construction on appeal, the case will be remanded back to the District Court to continue the litigation. The Federal Circuit would likely rule on such an appeal in early 2023.
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