Willenken Partner Jason Wilson and Of Counsel Ashley Kirk are representing All Plastic Inc., one of the largest national manufacturers of cannabis display products for legal cannabis dispensaries throughout the globe, in a patent infringement lawsuit.
The Law360 article titled “Company Owners Can’t Dodge Cannabis Packaging IP Suit,” reports on a lawsuit filed by All Plastics against the individual owners of a cannabis packaging company named SamDan, which does business as Smokus Focus.
On behalf of All Plastic, Willenken filed a lawsuit against SamDan in May 2020 in the U.S. District Court for the District of Colorado, alleging the web-based retailer was counterfeiting All Plastic’s patented containers that allow consumers to see and smell marijuana flower while keeping the product sealed.
On February 8, 2021, a Colorado federal magistrate judge refused to dismiss patent infringement claims filed against the individual owners of Smokus Focus, finding that there were enough facts alleged in the pleadings to suggest their personal culpability. “Even if the officers of a company generally cannot be held liable for the company’s infringement, in this case, All Plastic had pled that Whetsel and Russell-Einhorn were personally aware,” the court wrote.
To read the Law360 article, click here.