JOINT MOTION FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS HTC AMERICA, INC. AND HTC CORPORATION

Plaintiff e.Digital Corporation (“e.Digital”) and HTC America, Inc. and HTC Corporation (collectively, “HTC”) have settled their dispute and hereby move, through their undersigned counsel, for an order that Plaintiff e.Digital Corporation’s claims for relief against HTC in the above-styled action and HTC’s counterclaims against e.Digital be dismissed with prejudice. Each party shall bear its own attorney fees, costs and expenses. For the Court’s convenience, a proposed order granting this relief is attached hereto.

Respectfully and jointly submitted, this 31st day of August, 2011.

DUANE MORRIS LLP

PATTERSON & SHERIDAN, LLP