Gillette vs. Wilkinson

The razor blade manufacturers Gillette and Wilkinson are disputing over the distribution of certain razor blade units. In preliminary injunction proceedings before the Regional Court (LG) Düsseldorf, Wilkinson now came off worse.

The US company Gillette, which is the proprietor of a patent for a 'replaceable razor blade unit with a blade unit and with a unit connection structure', distributes the wet shaver branded 'Gillette Mach 3' in Germany. This has an interchangeable blade unit that corresponds to the patent.

The German corporate group Wilkinson Sword distributes razor blade units in Germany that fit the wet shaver 'Gillette Mach 3'.

Gillette takes the view that Wilkinson thereby infringes Gillette's patent and filed an application in the preliminary injunction proceedings for a prohibition on the further sale of the razor blade units.

Wilkinson, by contrast, disputes the legal validity of the patent. The Solingen-based group filed an action for revocation with the BPatG on 28.06.2017.

The Court's Decision

The Patent Chamber at the Regional Court (LG) Düsseldorf ruled in Gillette's favour in the summary proceedings. It affirmed a patent infringement and prohibited Wilkinson withjudgment of 18.07.2017 – 4a O 66/17 (press release)from continuing to distribute razor blade units for wet shavers in Germany that fit the wet shaver 'Gillette Mach 3' by Gillette.

The decisive factor in the patent is the connection between the razor blade unit and the handle, the cutout which improves the joining together of the handle and the blade unit. According to the opinion of the Düsseldorf judges, this very feature is found in the blade units of Wilkinson.

The court is of the view that Gillette's patent will remain valid despite the revocation action.

Wilkinson is therefore not permitted to sell the corresponding razor blades for the time being.

Conclusion

In the summary proceedings, Gillette prevailed. However, the judgment rendered is not final. It remains to be seen whether an appeal against the judgment will be filed.