For over a year my colleague Jihee Ahn, an experienced intellectual property litigator, has tracked the first-ever cannabis patent infringement case United Cannabis Corporation v. Pure Hemp Collective Inc. (You can read about extraction, prior art, the Alice test, and claim construction process here, here, here, here). Recently she wrote about the anti-climactic end to that litigation caused by UCANN’s bankruptcy filing, which we first covered here, and noted that the Colorado bankruptcy court had issued an order to show cause why UCANN’s chapter 11 filing should not be dismissed because of UCANN’s ties to the marijuana industry. (Chapter 11 is typically used to reorganize a business).
The court has yet to rule on whether UCANN’s filing should be dismissed, but a recent filing by the United States Trustee for Region 19 (the “Trustee”) gives further reason to believe the case will be dismissed.
By way of background, the United States Trustee Program is a component of the Department of Justice and is responsible for overseeing the administration of bankruptcy cases and private trustees under 28 U.S.C. § 586 and 11 U.S.C. § 101, et seq. The Program divides the country into a number of different regions—Colorado being in