Federal Circuit Affirms The United States District Court For The Western District Of Texas’s Claim Construction Order And Entry Of Final Judgment Of Non-Infringement Blog IP Litigation

Canopy Growth Corp. (“Canopy”) filed a patent infringement lawsuit against GW Pharma Ltd. and GW Research Ltd. (collectively, “GW”) in the United States District Court for the Western District of Texas. Judge Alan Albright issued an order construing the sole disputed claim limitation: “CO2 in liquefied form under subcritical pressure and temperature conditions.” Based on the issued claim construction order, the parties stipulated to non-infringement, and the court entered final judgment in favor of GW as to infringement and dismissed GW’s remaining affirmative defenses and counterclaims without prejudice. Canopy appealed the court’s claim construction. On April 24, 2023, the […]

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