I was intrigued by Starbucks' machine because I had assumed that the owners of Keurig-technology were still enjoying the "right to exclude" that comes with patent ownership for the finite life of a patent. Phillips v. AWH Corp., 415 F.3d 1303, 1312 (2005) (en banc) ("It is a 'bedrock principle' of patent law that the claims of a patent define the invention to which the patentee is entitled the right to exclude."). I had never seen a non-Keurig single-cup coffee machine for sale. I left the shop wondering what Starbucks was up to. Was Starbucks in infringement territory? "Certainly not," I thought. "Starbucks is a sophisticated corporation that must have done its homework and decided to: (a) carefully design around patented Keurig-technology; (b) enter into a licensing agreement with the owner of the patents that cover Keurig-technology; or (c) take advantage of a lapsed patent or two." I knew that, from a legal standpoint, merely being able to say "we did it first" does not itself protect Keurig from imitators. Taking a break from (oddly) posing multiple choice questions to myself, I set off for the Orange County Government Center, which was full of activity that caused me to forget about my enthrallment with the Starbucks technology I had just viewed.
Fast forward three weeks. I was buying a nutcracker at one of the grocery stores in Southern Ohio that now feature fairly comprehensive "kitchen and small appliance" departments. I spotted a "Mr. Coffee" single-cup coffee machine. It touted being powered by "Keurig brewing technology" and being compatible with "Keurig K-cups." My interest in Keurig's competition was reignited, and my research taught me that all of my multiple choice answers were correct when it comes to the emergence of single-cup coffee technology by Starbucks.
While Green Mountain Coffee Roasters, the owner of Keurig-technology, has patents covering Keurig machines, Starbucks' new machine (the "Verismo") is a high-pressure system that apparently does not fall within the scope of Keurig's coverage for low-pressure systems. More importantly, though, the patents for the Keurig "K-cup," or the Keurig pod, lapsed in September of 2012. Suddenly, the holiday-debut of a Starbucks machine requiring Starbucks pods virtually identical to Keurig pods, but that (conveniently) cannot brew coffee from Keurig K-cup pods, made sense. I was wrong about one thing, though: Starbucks and Mr. Coffee had licensed Keurig-technology in the past. I just had never noticed.
Ultimately, whether you are in Southern Ohio or Southern California, your single-cup coffee options (including gift options) are in the process of changing. Holiday shopping is of course affected by trends and marketing and the economy; however, it is easy to forget that is also affected by something as simple as patent expiration dates.
