Gillette Co. v. Energizer Holdings, Inc.

• Decision Date: 29 April 2005
• Docket Number: No. 04-1220.,04-1220.
• Citation: 405 F.3d 1367
• Parties: The GILLETTE COMPANY, Plaintiff-Appellant, v. ENERGIZER HOLDINGS, INC., Defendant-Appellee.
• Court: U.S. Court of Appeals — Federal Circuit

405 F.3d 1367

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

No. 04-1220.

United States Court of Appeals, Federal Circuit.

DECIDED: April 29, 2005.

Rehearing and Rehearing En Banc Denied June 20, 2005.

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.

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 alleging Energizer's QUATTRO®, a four-bladed wet-shave safety razor, infringes certain claims of the '777 patent. The district court denied Gillette's motion for a preliminary injunction because it found that the claims of the '777 patent covered only a three-bladed razor, and, consequently, Gillette did not show a reasonable likelihood of success on its claim of literal infringement by Energizer's four-bladed razor. The Gillette Co. v. Energizer Holdings, Inc., No. 03-11514-PBS, 2004 WL 3366162 (D.Mass. Jan. 15, 2004). Because the district court erred in construing the claims of the '777 patent to cover only three-bladed safety razors, this court vacates and remands.

I.

The '777 patent claims a disposable safety razor with a group of blades, each blade placed in a particular geometric position relative to the other blades of the group. Prior art razors with multiple blades shaved closer to the skin than two-bladed razors but had "a serious detrimental influence on other blade unit characteristics, most notably the drag forces experienced when the blade unit is moved over the skin, with the consequence that the overall performance of the blade unit [was] markedly inferior [compared to two-bladed razors] despite a closer shave being obtained. "'777 patent, col. 1, II. 24-29.

The inventive contributions of the '777 patent are varying progressively the exposure and spacing parameters of the blades to overcome the undesired drag forces produced by razors with multiple blades, not simply limiting the number of blades to three. "The blade exposure is defined to be the perpendicular distance or height of the blade edge measured with respect to a plane tangential to the skin contacting surfaces of the blade unit elements next in front of and next behind the edge." Id. at col. 1, II. 50-59. Specifically, the blade closest to the guard (leading blade) is positioned with a negative exposure to (i.e. recessed below) its tangential plane. Id. The blade closest to the cap (trailing blade) is positioned with a positive exposure to (i.e., extending above) its tangential plane. Id. A blade in between the leading and trailing blades is positioned with an exposure with respect to its tangential plane in between the exposures of the leading and trailing blades with respect to their respective tangential planes. Id. at col. 2, II. 28-40. The result is a generally "progressive exposure" of the blades with each of the identified blades shaving closer to the skin than the preceding blade. This blade configuration reduces the drag forces produced by the blades and equalizes the work performed by each successive blade. Id. at col. 1, II. 63-66. Additionally, the span marks the distance between successive blades. A progressive span would involve gradually increasing the spacing between the guard and the leading blade, each successive blade, and the trailing blade and the cap. See, e.g., id. at col. 2, II. 16-20. The progression of the blade span likewise reduces frictional drag, leading to a close and comfortable shave.

Claim 1 of the '777 patent shows this progressive exposure innovation in shaving technology:

1. A safety razor blade unit comprising a guard, a cap, and a group of first, second, and third blades with parallel sharpened edges located between the guard and cap, the first blade defining a blade edge nearest the guard having a negative exposure not less than -0.2 mm, and the third blade defining a blade edge nearest the cap having a positive exposure of not greater than +0.2 mm, said second blade defining a blade edge having an exposure not less than the exposure of the first blade and not greater than the exposure of the third blade.

'777 patent, col. 4, II. 5-14.

The Energizer QUATTRO® razor is the accused infringing device. The QUATTRO® employs a cartridge with a guard, a cap, and four blades. The leading blade has a negative exposure of not less than -0.2 mm; the trailing blade has a positive exposure of not greater than +0.2 mm. The QUATTRO® further has two middle blades with essentially the same exposure, which is greater than that of the leading blade and less than that of the trailing blade. In anticipation of Energizer's launch of the QUATTRO®, Gillette filed a patent infringement suit asserting that the QUATTRO® infringed the claims of the '777 patent. Shortly thereafter, Gillette moved for a preliminary injunction to enjoin Energizer from making and selling the QUATTRO®.

Following a two-day hearing, the district court denied Gillette's motion, finding that Gillette had not shown a reasonable likelihood of success on its claim of literal infringement. Gillette, slip op. at 1. The trial court primarily based its decision on the conclusion that the terms "first," "second," and "third" of claim 1 limited the scope of that claim to a razor having solely three blades. Id., slip op. at 11. Gillette now appeals, and this court has jurisdiction under 28 U.S.C. § 1292(c)(1).

II

The grant of a preliminary injunction under 35 U.S.C. § 283 is within the discretion of the district court. This court reviews a preliminary injunction decision for an abuse of discretion. Novo Nordisk of N. Am., Inc. v. Genentech, Inc., 77 F.3d 1364, 1367 (Fed.Cir.1996). "An abuse of discretion may be established by showing that the court made a clear error of judgment in weighing relevant factors or exercised its discretion based upon an error of law or clearly erroneous factual findings." Id.

As the moving party, Gillette is entitled to a preliminary injunction if it shows: (1) a reasonable likelihood of success on the merits of its claims; (2) irreparable harm if an injunction is not granted; (3) a balance of hardships tipping in its favor; and (4) the injunction's favorable impact on the public interest. Reebok Int'l Ltd. v. J. Baker, Inc., 32 F.3d 1552, 1555 (Fed.Cir.1994). In order to demonstrate a likelihood of success on the merits, Gillette has to show that, in light of the presumptions and burdens that will inhere at trial on the merits, (1) Energizer likely infringes the '777 patent, and (2) the claims of the '777 patent will likely withstand Energizer's challenges to validity. Amazon.com, Inc. v. Barnesandnoble.com, Inc., 239 F.3d 1343, 1350 (Fed.Cir.2001). While Energizer raised issues of validity in opposition to Gillette's motion for a preliminary injunction, the district court held that Gillette did not demonstrate a reasonable likelihood of success on the threshold issue of literal infringement. Therefore, the trial court did not address the validity issues. Accordingly, the validity of the '777 patent is not before this court on appeal.

To review Gillette's likelihood of success on its literal infringement claim, this court, as the trial court before it, must first determine the meaning and the scope of the claims on this preliminary record. See Oakley, Inc. v. Sunglass Hut Int'l, 316 F.3d 1331, 1339 (Fed.Cir.2003) ("An assessment of the likelihood of infringement, like a determination of patent infringement at a later stage in litigation, requires a two-step analysis. First, the court determines the scope and meaning of the patent claims asserted. Second[], the properly construed claims are compared to the allegedly infringing device.") (internal quotations, alterations, and citations omitted). "In construing claims, the analytical focus must begin and remain centered on the language of the claims themselves, for it is that language that the patentee chose to use to particularly point out and distinctly claim the subject matter which the patentee regards as his invention." Interactive Gift Express, Inc. v. Compuserve, Inc., 256 F.3d 1323, 1331 (Fed.Cir.2001) (quoting 35 U.S.C. § 112, ¶ 2); see also SRI Int'l v. Matsushita Elec. Corp., 775 F.2d 1107, 1121 n. 14 (Fed.Cir.1985) (en banc) ("Specifications teach. Claims claim.").

Claim construction requires this court to place the claim language in its proper technological and temporal context. The best tools for this enterprise are the various forms of intrinsic evidence and, when appropriate, extrinsic evidence. See Vitronics, Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.Cir.1996). The intrinsic evidence, "i.e., the patent itself, including the claims, the specification and, if in evidence, the prosecution history ... is the most significant source of the legally operative meaning of disputed claim language." Id. (internal citation omitted); see also United States v. Adams, 383 U.S. 39, 49 86 S.Ct. 708, 15 L.Ed.2d 572 (1966) ("[I]t is...