Whereas patent safety has been usually obtainable for a while now, we’ve lined why patent safety has been largely restricted for the hashish business (see this publish). Nevertheless, that isn’t going to cease patent infringement actions from reaching hashish companies, as could be seen from a latest case filed by a greenhouse builder.
The grievance
Houewling Mental Properties, Inc. (HIP) asserts its principal, Casey Houweling, invented a greenhouse “with a local weather management system adjoining to the rising part of the greenhouse” which is protected by his design patent. The patent allegedly is utilized by HIP to develop, construct, and function greenhouses in California, Utah, and Vancouver (Canada), and the patent can also be licensed out to different greenhouse builders.
Importantly, the Grievance asserts the patent has been challenged prior to now, however the USPTO Patent Trial and Enchantment Board maintained all however one declare of the patent have been legitimate and enforceable.
The Grievance alleges Copperstate Farms LLC (CF), (which touts itself as being “one of many largest greenhouse hashish producers in North America” on its web site) owns and operates a greenhouse in Arizona which infringes on HIP’s patent. Particularly, CF makes use of a greenhouse that has 5 of the identical design elements encompassed by HIP’s design patent.
HIP despatched a letter to CF in March 2022 requesting that CF conduct an investigation as as to whether its greenhouses have been infringing on HIP’s patent. CF didn’t reply.
So, what’s a design patent?
A design patent covers “any new, authentic and decorative design for an article of manufacture.” 35 U.S.C. § 171. The place a utility patent protects the best way one thing is used and works, a design patent protects the best way one thing appears. A design patent covers the decorative look of an object, and its declare is solely to the design as proven within the patent itself.
This case goes to contain a fairly intense factual inquiry into whether or not CF’s greenhouse does really infringe on HIP’s patent.
Hashish business patent litigation will enhance
Whereas all these points have been considerably uncommon for the hashish business for some time, we anticipate seeing increasingly more of all these claims as gamers develop and turn into extra refined – not solely between hashish and non-cannabis gamers, but additionally between hashish gamers themselves. We’ll be monitoring this case to see how CF responds, and how much instance it is going to be for the business at massive.