No sweat...glad I can be of help to the board. I'm not sure if I uploaded Doc 9 of the Vivitar case to my www.box.net page (I can't access it here at work). If not I'll do it tonight when I get home. Doc 9 is e.Digital's response to Vivitar's Counterclaim. I'll try and paste it below but it may look out of whack.

Case 2:07-cv-00390-TJW Document 9 Filed 11/14/2007 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

E.DIGITAL CORPORATION, §
§
Plaintiff, §
§

v.
§ C.A. No. 2:07-CV-00390-TJW
§
VIVITAR CORPORATION, § JURY TRIAL DEMANDED
§
Defendant. §

E.DIGITAL CORPORATION’S ANSWER TO
COUNTERCLAIM OF VIVITAR CORPORATION

Now comes Plaintiff e.Digital Corporation (“e.Digital”) and states its Answer to the Counterclaims of Defendant Vivitar Corporation (“Vivitar”) as follows:

NATURE OF THE ACTION

A. e.Digital denies that the patents-in-suit are not and have not been infringed and that the patents-in-suit are invalid. e.Digital admits the remaining allegations of Paragraph A of the Counterclaim.
PARTIES

B. e.Digital admits the allegations of Paragraph B of the Counterclaim.
C. e.Digital admits the allegations of Paragraph C of the Counterclaim.
JURISDICTION AND VENUE

D. e.Digital admits the allegations of Paragraph D of the Counterclaim.
E. e.Digital admits the allegations of Paragraph E of the Counterclaim.
F. e.Digital admits the allegations of Paragraph F of the Counterclaim.
ACTUAL CONTROVERSY

G. e.Digital admits the allegations of Paragraph G of the Counterclaim.

Case 2:07-cv-00390-TJW Document 9 Filed 11/14/2007 Page 2 of 4

H. e.Digital admits the allegations of Paragraph H of the Counterclaim.
I. e.Digital admits the allegations of Paragraph I of the Counterclaim.
J. e.Digital admits the allegations of Paragraph J of the Counterclaim.
K. e.Digital admits the allegations of Paragraph K of the Counterclaim.
FIRST CLAIM FOR RELIEF – DECLARATORY JUDGMENT FOR
NONINFRINGEMENT OF THE ‘774, ‘737, ‘445 AND ‘108 PATENTS

L. In response to Paragraph L of the Counterclaim, e.Digital repeats and incorporates by reference its responses to the allegations in Paragraphs A through K set forth above.
M. e.Digital denies the allegations of Paragraph M of the Counterclaim.
SECOND CLAIM FOR RELIEF – DECLARATORY JUDGMENT FOR
INVALIDITY OF THE ‘774, ‘737, ‘445 AND ‘108 PATENTS

N. In response to Paragraph N of the Counterclaim, e.Digital repeats and incorporates by reference its responses to the allegations in Paragraphs A through M set forth above.
O. e.Digital denies the allegations of Paragraph O of the Counterclaim.
REQUEST FOR RELIEF

WHEREFORE, e.Digital petitions this Court and requests that a judgment be entered and relief be granted as follows:

A. Declaring that Vivitar has infringed the patents-in-suit (directly, by inducement, and/or contributorily);
B. A judgment dismissing with prejudice Vivitar’s Counterclaim and each and every Prayer for Relief contained therein;
C. Awarding to Plaintiff e.Digital its costs; and

Case 2:07-cv-00390-TJW Document 9 Filed 11/14/2007 Page 3 of 4

D. Awarding to Plaintiff e.Digital such other, further, or general relief as this Court may deem proper.

Respectfully submitted,

Dated: November 14, 2007 By: /s/ Gary R Maze
Gary R. Maze
Lead Attorney
TX Bar 00792678

grmaze@duanemorris.com

Wesley W. Yuan
TX Bar 24042434

wwyuan@duanemorris.com

Duane Morris LLP
3200 Southwest Freeway, Suite 3150
Houston, TX 77027-7534
Tel.: 713.402.3900
Fax: 713.402.3901