Intellectual Property Litigation

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In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same. The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) comprising cannabinoids obtained by extraction from cannabis.”…

Continue Reading Attorney Fees Denied Due to Lack of Support in Cannabis Litigation Record

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. Apple, Inc., and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint of trade relating to Apple’s distribution of apps in its App Store. (This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company” (Epic).…

Continue Reading Apple Prevails on “Epic” Antitrust Claim

In Ventex Co., Ltd. v. Columbia Sportswear North America, Inc., IPR2017-00651 (PTAB Apr. 12, 2023) (per curiam), the Patent Trial and Appeal Board (the “Board”) found that petitioner Ventex Co., Ltd.’s (“Ventex) failure to disclose the existence of an agreement with a time-barred real party in interest unnecessarily delayed the proceedings and awarded over $32,000 in sanctions to the patent owner Columbia Sportswear North America, Inc. (“Columbia”).…

Continue Reading PTAB Finds Petitioner’s Failure to Disclose Relationship with Real Party in Interest Warrants Substantial Monetary Sanctions

The US Copyright Office issued a policy statement regarding the registration of works that contain material generated by AI technology.
Continue Reading The Briefing by the IP Law Blog: Copyright Office Issues Guidance for Works Containing Material Generated by AI

The Ninth Circuit addressed whether parties can contractually agree to shorten the statute of limitations for copyright infringement claims.
Continue Reading Ninth Circuit Reaffirms That Parties Can Contractually Shorten Statute of Limitations Period for Copyright Infringement Claims