Monday, August 06, 2007

Pepsi and Coke at it Again, This Time for ... Patent Infringement?


Everyone knows about the long-standing battle between PepsiCo and Coca-Cola Co. Which company's beverages taste better? Which company manufactures more flavors of soft drinks? Which company has more market share? It may be easy for one to see how the two soft drink makers have issues with the use of each other's trademarks. However, who would have thought that the two beverage leaders could be in court for patent infringement?

In a lawsuit filed over two years ago, Cola-Cola Co. alleged that PepsiCo infringed one of Coca-Cola Co.'s patents. The patent in question relates to a dispenser bag that is designed to hold different beverage syrups. The dispenser bag, mainly used in restaurants, is placed inside a cardboard box and ensures that as much syrup as possible is used, thereby decreasing costs to the restaurants and other merchants.

Prior to this particular suit, Coca-Cola Co. had successfully sued PepsiCo for PepsiCo's use of the collapsible dispenser bags. But as the adage goes, the third time was a charm for PepsiCo, as the U.S. District Judge who presided over the case found that substantial differences exist between Coca-Cola Co's patented dispenser bag and PepsiCo's third attempt to design around the patent.
Although PepsiCo may have won this battle, the larger beverage war continues.

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