JOINT MOTION TO EXTEND CERTAIN DEADLINES

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Plaintiff e.Digital Corporation (“e.Digital”) and Samsung Electronics

America, Inc. (“Samsung”), and jointly move the Court to modify the following deadlines in the

Court’s November 7, 2008 Docket Control Order (DI 102), as amended by the Court’s July 6,

2009 Order (DI 165) as follows:

1. The parties do not seek this extension for the purpose of delay, but rather so that

justice can be done herein.

2. The requested extensions would not impact any other deadlines set in the Court’s

Docket Control Order. In particular, the requested extensions relate to claim construction

discovery and briefing. The Claim Construction Hearing is scheduled for February 17, 2010. If

the requested extensions are granted, the claim construction briefing would conclude by

November 13, 2009, i.e., three months prior to the Claim Construction Hearing.

3. The granting of this Motion will not prejudice any party and is being sought in

good faith and not for the purpose of delay or any other improper purpose.

WHEREFORE, the parties respectfully request the Court to grant their Joint Motion to

Extend Certain Deadlines in the Court’s Docket Control Order (as amended) as reflected in the

Proposed Order submitted herewith.

Respectfully and jointly submitted this 5th day of August, 2009

DUANE MORRIS LLP