Is it legal to make and sell a refillable coffee pod?

Unfortunately you are not asking me for an answer to a question for which you have provided me a complete series of facts. You are asking me to do the research, find out if there are any patent out there that cover what Starbucks is doing and then comment on whether or not what you want to do infringes any of their potential patents. It would be akin to asking a mechanic to put your car up on his diagnostic rack, have him do all the tests at his expense and time, then tell you what parts to buy and show you how to put them in. Sorry you dont get all this for free. Im not here to do your homework. However i can tell you that if Starbucks has a patent that may cover the apparatus or method described, and you want to practice that method or sell that apparatus - then you may be infringing.

In 2012 Starbucks introduced the Verismo(r) system which combines Starbucks signature Espresso Roast and drink recipes with precise Swiss engineering and a patent-pending high pressure extraction brewing system. The Verismo system is believed to have been designed by Germany-based Krueger GmbH & Co. There may be issued U.S. patents or pending U.S. applications directed to the pods used in the Verismo system. You can search for free at the Patent Office website www.uspto.gov. You should consult with a patent attorney and have a clearance search conducted.

Many issues. But it seems as if you are asking about patent infringement? If so you need to do a patent search. This is not an appropriate forum to ask for a free patent search. There would certainly be issues about using Starbuck's trademarks, like Verismo. As for merely selling a compatible pod, I see no barrier to doing so provided no patents cover what you plan to sell.

The answer to your question cannot be answered simply and requires a search of the relevant issued patents and an opinion of counsel variously referred to as a right-to-use, freedom to operate, clearance or noninfringement opinion letter. The difficulty you will likely encounter may not necessarily from Starbucks and their Verismo system, but from Green Mountain Coffee Roasters (GMCR) and their ubiquitous Keurig K-Cups which dominates the massive $8B market in single-serve coffee pods. Forbes Magazine noted that GMCR is purported to have at least 37 patents on the technology (both single-shot pods and refillable) and though some patents may have expired, certainly others are issuing or in the queue at the Patent Office, see, http://www.forbes.com/sites/chrisbarth/2012/09/20/starbucks-new-verismo-machine-sinks-green-mountain-will-you-buy-it/. Starbucks is likely licensed under the GMCR patent portfolio. So other new competitors, like you, would probably draw the attention of Green Mountain Coffee Roasters' licensing attorneys. It is also likely that Starbucks has some intellectual property of their own. So, you would have to either: (1) come up with some sort of pod that was not covered by patents owned by GMCR, Starbucks, or anyone else that has a relevant patent on single-serve coffee pods (design around the patents), or (2) seek a license from anyone who has a patent you may infringe by making and selling your refillable pod. Just one last note, such right-to-use opinions are typically some of the most expensive opinions of counsel because of the volume of materials that must typically be analyzed, not just claim charts against your refillable pod, but also prosecution file histories for each and every relevant patent, as well as finding the relevant patents in the first place. As always, your first step should be to consult with patent counsel to seek legal advice for your particular facts and the current jurisprudence in controlling Federal Circuit and Supreme Court case law.