GILLETTE CO. v. ENERGIZER HOLDINGS, INC.

No. 04-1220.

405 F.3d 1367 (2005)

The GILLETTE COMPANY, Plaintiff-Appellant, v. ENERGIZER HOLDINGS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied June 20, 2005.


Attorney(s) appearing for the Case

John E. Nathan, Paul, Weiss, Rifkind, Wharton & Garrison LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Lewis R. Clayton, Daniel J. Leffell, Steven C. Herzog, and Kerry L. Quinn. Of counsel on the brief were William L. Patton, Jane E. Willis, Dalila A. Wendlandt, and Levina Wong, Ropes & Gray LLP, of Boston, Massachusetts.

Randall G. Litton, Price, Heneveld, Cooper, Dewitt & Litton, of Grand Rapids, Michigan, argued for defendant-appellee. With him on the brief was Matthew J. Gipson. Of counsel on the brief were Richard D. Rochford, Jr. and Jason C. Kravitz, Nixon Peabody LLP, of Boston, Massachusetts, and Michael F. Orman, of Rochester, New York.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.


Rehearing and Rehearing En Banc Denied June 20, 2005.

Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Senior Circuit Judge ARCHER.

RADER, Circuit Judge.

The Gillette Company (Gillette) owns U.S. Patent No. 6,212,777 (issued April 10, 2001) (the '777 patent) for wet-shave safety razors with multiple blades. Gillette sued Energizer Holdings, Inc. (Energizer) in the United States District Court for the District of Massachusetts...

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