By Eric Schweibenz and Alex Englehart
On September 25, 2017, The Gillette Company LLC of Boston, Massachusetts (“Gillette”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Edgewell Personal Care Company of Chesterfield, Missouri, Edgewell Personal Care Brands, LLC of Shelton, Connecticut, Edgewell Personal Care, LLC of Shelton, Connecticut, Schick Manufacturing, Inc. of Shelton, Connecticut, and Schick (Guangzhou) Co., Ltd. of China (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain shaving cartridges, components thereof, and products containing same that infringe one or more claims of U.S. Patent No. 9,193,077 (the ’077 patent).
According to the complaint, the ’077 patent relates to a shaving cartridge that includes a blade unit and a connecting portion or member.  The connecting member is attached to the blade unit so that the blade unit can pivot during shaving.  The connecting member also provides the mechanism for attaching and removing the cartridge to and from a handle.
In the complaint, Gillette states that the Proposed Respondents import and sell products that infringe the ’077 patent.  The complaint specifically refers to Schick Hydro Connect 5 and Hydro Connect 5 Sensitive cartridges as infringing products.
Regarding domestic industry, Gillette states that its own Fusion shaving cartridges are covered by claims of the ’077 patent.  Gillette further states that it conducts relevant manufacturing, research, development, engineering, design, and product support activities in the U.S.  Gillette specifically refers to its World Shaving Headquarters in Boston, Massachusetts, where Gillette states that it has made significant and substantial investments relating to its domestic industry products.
As to related litigation, Gillette states that, concurrently with the filing of the instant ITC complaint, it also filed a complaint against most of the Proposed Respondents in the U.S. District Court for the District of Connecticut alleging infringement of the ’077 patent.
With respect to potential remedy, Gillette requests that the Commission issue a limited exclusion order and cease and desist orders directed at the Proposed Respondents and related entities.