Scripto-Tokai Corporation v. The Gillette Company

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In a matter involving erasable-ink pens, Scripto sued Gillette for declaratory relief, claiming Gillette’s patent was invalid.

Retained by Pillsbury Winthrop Shaw Pittman

In a matter involving erasable-ink pens, Scripto sued Gillette for declaratory relief, claiming Gillette’s patent was invalid. Gillette countersued, claiming patent infringement damages. On behalf of Scripto, Dr. Michael Keeley, a senior vice president of Cornerstone Research, testified that the Gillette patent had little or no value given that Scripto already had a license for technology that was a close, if not perfect, substitute. He also showed that Gillette had not lost profits and that Gillette could not have licensed the technology for any appreciable royalty. The jury found that Scripto had not infringed and that Gillette’s patent was invalid.