Bosch

ORDER CONSTRUING TERMS OF THE ’833 PATENT, DENYING JSB’S MOTION FOR SUMMARY JUDGMENT, GRANTING BOSCH’S MOTION FOR SUMMARY JUDGMENT AND DENYING BOSCH’S MOTION FOR LEAVE TO AMEND THE PLEADINGS

I.

BACKGROUND

This matter is before the Court on the parties’ cross-motions for summary judgment.

The issue in this case is whether Plaintiffs’ power drills infringe Defendant’s patent ( U.S. Patent No. 4,791,833, or “the ’833 patent”) for a cordless power drill that can operate at both high and low speeds using a “multistage planetary gear system.” Mi-yamoto Decl. ¶ 2. The ’833 patent is entitled “Reduction Gear Mechanism for Mo tor-Driven Drill Incorporating Speed Changing Mechanism.”

Two-speed operation in cordless drills is desirable because the low speed provides sufficient torque for screw fastening, while the high speed facilitates conventional hole drilling. Miyamoto Decl. ¶ 4. Prior to the development of the ’833 patent, two-speed cordless drills were not common because they required shafts and switching mechanisms that were too heavy and bulky for cordless designs. Id. The ’833 patent incorporates a speed change mechanism in the form of a pivoting lever mounted into a groove…