Black & Decker, Inc. v. Robert Bosch Tool Corp., No. 06 C 4440, 2007 WL 1232089 (N.D. Ill. Apr. 25, 2007) (Manning, J.).
Judge Manning granted defendant’s, Robert Bosch Tool Corp. (“Bosch”) Fed. R. Civ. P. 12(c) motion for judgment on the pleadings, holding that plaintiff’s, Black & Decker (“B&D”), patent infringement claims against Bosch’s new product regarding B&D’s previously asserted patents were barred by res judicata. In the prior case before Judge St. Eve (you can see numerous prior opinions in the Blog’s archives), B&D asserted that two models of Bosch’s Power Box radio (the “Old Power Box”) infringed B&D’s two patents (the “Old Patents”). Shortly before trial, B&D brought the instant suit against Bosch asserting that Bosch’s new model of its Power Box radio (the “New Power Box”) infringed a third patent (the “New Patent”). At about the same time, B&D sought to be able to present evidence at trial before Judge St. Eve that the New Power Box infringed the Old Patents. Judge St. Eve, however, held that B&D had not disclosed the New Power Box as an accused product and that Bosch would be prejudiced by adding it immediately before trial. In St. Eve’s case, the jury returned a verdict that the Old Power Boxes willfully infringed certain claims of the Old Patents.

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