In December 2020, Canopy Growth Corporation (“Canopy”) filed a complaint for patent infringement against GW Pharmaceuticals PLC (“GW”) in the United States District Court for the Western District of Texas. Canopy alleged that GW’s anti-epileptic CBD therapeutic, Epidiolex, infringed Canopy’s U.S. Patent2 which relates to a process of extracting CBD using carbon dioxide. The parties’ disputed the correct construction of the term “CO2 in liquified form under subcritical pressure and temperature conditions” in the asserted claims of the patent. After the Court issued its Claim Construction Order, finding that the plain language of the claims supported the defendants’ proposed claim construction, the parties agreed that Canopy could not prevail, and the parties stipulated that Canopy could not prevail, and the Court entered a final judgment of non-infringement in favor of GW.
