Black & Decker, Inc. v. Robert Bosch Tool Corp.

MEMORANDUM AND ORDER

MANNING, District Judge.

Bosch’s motion for judgment on the pleadings [35-1] is before the court. For the reasons stated below, the motion is granted.

I. Background

In December 2004, Black & Decker sued Bosch asserting that Bosch’s Power Box jobsite radios infringed U.S. patent Nos. 6,308,059 and 6,788,925 (“Previously Asserted Patents”). That case, 04 C 7955, was heard by Judge St. Eve of this district.

There are three different models of the Bosch Power Box radio: PB-10, PB-10CD (“Old Power Box”), and PB-10CD Advanced (“New Power Box”). Prior to trial, Judge St. Eve granted…