October 2, 2007

It was filed in the eastern Court of Texas on September 7, 2007

It was first mentioned in Company communications on Oct 2nd and Vivitar was not mentioned by name. See excerpt of the company announement below.

Larry

e.DIGITAL SECOND QUARTER 2008 REVENUES SURPASS THOSE OF PRIOR FISCAL YEAR Company Expects to Report Over $2 Million in Revenues in Fiscal Q2

(SAN DIEGO, CA, – October 2, 2007) – e.Digital Corporation (OTC: EDIG), a leading innovator of portable inflight entertainment (IFE) systems and patented flash memory-related technology, announced today that it expects to report over $2 million in revenues for the second quarter ended September 30, 2007, surpassing total fiscal year 2007 revenues of $1.8 million. Revenues for the first six months of fiscal 2008 are expected to be over $3.3 million.

e.Digital also reported today that it has commenced enforcement actions of its Flash-R™ patent portfolio. e.Digital has a 19+ year record of innovation and significant investment in a robust intellectual property asset base which includes being the first company to employ and patent important aspects of the use of removable flash memory