The decision could have implications across the industry
Cannabis oil is the viscous, sticky, THC or CBD-rich sludge found in popular vaporizer pens and oil cartridges. To make cannabis oil, processes using liquid carbon dioxide to extract the active ingredients from the plant material is one of the most popular techniques.
And anyone using a particular CO2 extraction method is using technology owned by Canadian cannabis giant Canopy Growth and potentially owes them money, the company claims in a recently acquired US patent and in a potentially blockbuster lawsuit filed on Tuesday.
If Canopy Growth prevails in its suit against GW Pharmaceuticals, the wildly successful UK-based firm that manufactures and markets Epidiolex, a CBD-based prescription drug available for more than $1,200 a bottle, the implications for the recreational cannabis industry in the US, as well as the global CBD business, are immense.
After obtaining a ruling that GW Pharmaceuticals used its intellectual property to extract CBD into Epidiolex, Canopy would be in a strong position to claim further patent infringement—including against almost every major cannabis-oil manufacturer in the United States, multiple experts said Wednesday.
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