Last week's cannabis litigation makes it important to discuss the important decision made by the United States Patent and Trademark Office ("USPTO") on patent litigation and appeal ("PTAB"). ) requirements for a cannabis patent just two months ago. On 3 January 2019, PTAB published the final written decision in Insys Development Co, Inc. v GW Pharma Ltd. et al. (IPR 2017-00503). SPOILER ALERT: PTAB found two claims to be patentable so obvious and the rest eleven claim to be qualified (and possibly enforceable in litigation)
In this case, the subject patent was U.S. Patent No. 9,066,920 to "Use of one or a combination of Fito cannabinoids in the treatment of epilepsy" ("920 patent"). The 920 patent was originally addressed to GW Pharma Oy ("GW Pharma") and Otsuka Pharmaceuticals Co., Ltd.. Background from GW Pharma: It has a wide patent application, many of which are for the treatment of cannabis-based disease. formulations. In particular, GW Pharma made history to become the first entity to receive FDA approval for the drug, Epidiolex containing CBD. Epidiolex was approved for the treatment of two rare epilepsy devices: Dravet's Syndrome and Lennox-Gastaut Syndrome.