While patent protection has been generally available for some time now, we’ve covered why patent protection has been largely limited for the cannabis industry (see this post). However, that isn’t going to stop patent infringement actions from reaching cannabis businesses, as can be seen from a recent case filed by a greenhouse builder.
The complaint
Houewling Intellectual Properties, Inc. (HIP) asserts its principal, Casey Houweling, invented a greenhouse “with a climate control system adjacent to the growing section of the greenhouse” which is protected by his utility patent. The patent allegedly is used by HIP to develop, build, and operate greenhouses in California, Utah, and Vancouver (Canada), and the patent is also licensed out to other greenhouse builders.
Importantly, the Complaint asserts the patent has been challenged in the past, but the USPTO Patent Trial and Appeal Board maintained all but one claim of the patent were valid and enforceable.
The Complaint alleges Copperstate Farms LLC (CF), (which describes itself as being “one of the largest greenhouse cannabis producers in North America” on its website) owns and operates a greenhouse in Arizona which infringes on HIP’s patent. Specifically, CF uses a greenhouse that has five of the same components encompassed
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