ATLANTA (JULY 26) — Kilpatrick Stockton LLP announced today 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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Kilpatrick Stockton LLP is a full-service international law firm with more than 500 attorneys in nine offices across the globe: Atlanta and Augusta, GA.; Charlotte, Raleigh and Winston-Salem, NC.; New York, NY; Washington, D.C.; London, England; and Stockholm, Sweden. Kilpatrick Stockton’s delivery of innovative business solutions provides results-oriented counsel for corporations, from the challenging demands of financial transactions and securities to the disciplines of intellectual property management. Collaboration among Kilpatrick Stockton’s corporate, litigation and intellectual property attorneys provides knowledgeable and proactive guidance for companies at every stage of the business life cycle. For more information, please visit www.kilpatrickstockton.com.