Pepsi found not to infringe Coke patent on bag-in-box container

Coca-Cola, once sued by Procter & Gamble over patents relating to fruit drinks, failed to prevail as a plaintiff in patent litigation against arch-rival Pepsi.


Of the suit before Judge Richard Story in Atlanta (ND Ga) concerning a collapsible bag that dispenses syrup for fountain sodas, AP reported:

"It confirmed what we knew all along, that there was no infringement," PepsiCo spokesman Dave DeCecco said.

Coca-Cola was reviewing the decision and an appeal may be forthcoming, said spokesman Dana Bolden. The company has 30 days to decide.

Earthtimes noted:

The law firm of Kilpatrick Stockton moved for summary judgment that the bag-in-box container used by Pepsi did not infringe Coca-Cola's patent, arguing, among other things, that Judge Story's interpretation of the Coca-Cola patent in a prior case precluded a finding of infringement in this case. Judge Story agreed, granted the motion and dismissed the case.