BIG NOVEMBER 2003 SUITS

Gillette v. Holdings

Schick- is walking the sale of ’s Quattro, as well as unspecified damages, razor’s of patent law—at least attorneys’ fees, and other costs. Hearings are scheduled for according to rival manufacturer The November 5–7, when Judge Patti Saris will decide which Gillette Company. On August 12 company has suffered the unkindest cut of all. Gillette filed suit against Energizer Holdings, Inc. (Schick’s parent compa- FOR PLAINTIFF THE GILLETTE COMPANY (BOSTON) ny) in federal district court in Boston, IN-HOUSE: Vice president of intellectual property seeking to block the future distribution Donald Tobin. and sale of the new men’s razor, the PAUL, WEISS, RIFKIND, WHARTON & GARRISON (NEW RICHARD ROCHFORD Schick Quattro. Gillette is claiming YORK): Lewis Clayton, Daniel Leffell, John Nathan, coun- patent infringement. sel Steven Herzog, and associates Erez Liebermann and The patent in question covers “progressive blade Mark Meredith. Nathan, formerly a senior partner at New geometry,” a means of positioning razor blades so that each York’s Fish & Neave, has represented Gillette since 1970. blade is slightly closer to the skin, allowing for closer ROPES & GRAY (BOSTON): William Patton and associates shaves. Gillette used progressive blade geometry in its Dalila Argaez Wendlandt and Jane Willis. Mach3 and Mach3 Turbo razors, leading sellers in the men’s market, and in a women’s razor, the Venus. This FOR DEFENDANT ENERGIZER HOLDINGS, INC. technology is widely credited with bolstering Gillette’s (ST. LOUIS) share of the $1 billion–plus American razor market IN-HOUSE: Senior patent counsel for Schick Manufacturing, (approximately 70 percent to Schick’s 13 percent); sales of Inc., Linda Gebauer, and chief patent counsel for Eveready Mach3 and Mach3 Turbo blades total about $318 million Battery Company, Inc., Robert Welsh. annually. PRICE, HENEVELD, COOPER, DEWITT & LITTON (GRAND On September 19 Schick (recently purchased by RAPIDS): Randall Litton and associate Matthew Gipson. Energizer Holdings from Inc. for $903 million) NIXON PEABODY (ROCHESTER, NEW YORK): Jason debuted the Quattro, a men’s razor that has four blades as Kravitz and Richard Rochford. (Kravitz is in the firm’s opposed to the Gillette razors’ three. However, Gillette Boston office.) maintains the number of blades is insignificant, that it is the reliance on progressive blade geometry that infringes upon the company’s patent. Energizer attorneys argue the This article is reprinted with permission from the November 2003 edition of THE AMERICAN LAWYER. © 2003 ALM Properties, Inc. All rights Quattro’s four-blade system is substantially different from reserved. Further duplication without permission is prohibited. For informa- Gillette’s patented three-blade device. tion, contact American Lawyer Media, Reprint Department at 800-888-8300 Gillette seeks an injunction to stop the promotion and x6111. #001-11-03-0010

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