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PepsiCo vs Coca-Cola July 30, 2007

Posted by grhomeboy in Drinks & Beverages.

Kilpatrick Stockton LLP announced that Judge Richard W. Story of the U.S. District Court for the Northern District of Georgia summarily ruled that the “bag-in-box” technology used by Pepsi-Cola Co. and PepsiCo, Inc. does not infringe a Coca-Cola Co. patent.

Coca-Cola claimed that the bag-in-box container used by Pepsi to distribute and dispense fountain syrup infringed a Coca-Cola patent. This action had been pending for approximately two years and was very hard fought between these two soda fountain giants.

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.

Kilpatrick Stockton’s George Murphy led the defense of Pepsi assisted by Kilpatrick Stockton Partners Audra Dial and Corin McCarthy.

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