e.Digital Corporation (“e.Digital”) hereby notifies the Court and Defendant Samsung

Electronics America Inc. (“Samsung”), as required by the Court’s Docket Control Order (Doc.

No. 102), that it is asserting the following seventeen claims against Samsung:

a. claims 1, 2, 7, 8, 10, 11, 18, and 19 of U.S. Patent No. 5,491,774 (“the ’774 patent”)

b. claims 1, 3, and 4 of U.S. Patent No. 5,742,737 (“the ’737 patent”)

c. claims 10-14 of U.S. Patent No. 5,787,445 (“the ’445 patent”); and

d. claim 1 of U.S. Patent No. 5,839,108 (“the ’108 patent”).

e.Digital understands it is this Court’s policy to limit the number of claims that a plaintiff may

assert at trial and e.Digital has complied with that policy, as required in the Docket Control

Order. However, e.Digital’s compliance with the Court’s policy is not intended to be a waiver of

any right it may have to assert additional claims in a subsequent action against Samsung that the

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Court has precluded e.Digital from asserting in this action, pursuant to its policy to limit the

claims in this action.

Respectfully submitted this 13th day of March, 2009,