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