UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
SanDisk Corporation,
Defendant.
Case No. 3:12-cv-02698-DMS-WVG
SANDISK CORPORATION’S
NOTICE OF MOTION AND
MOTION TO APPLY
COLLATERAL ESTOPPEL
DEMAND FOR JURY TRIAL
Hearing Date: July 26, 2013
Time: 1:30 p.m.
Assigned to: Hon. Dana M. Sabraw
Courtroom: 13A
ORAL ARGUMENT REQUESTED
SanDisk Corporation,
Counterclaimant,
v.
e.Digital Corporation,
Counterdefendant.
Case 3:12-cv-02698-DMS-WVG Document 41 Filed 06/19/13 Page 1 of 3
SANDISK’S NOM AND MOTION TO
APPLY COLLATERAL ESTOPPEL
NOTICE OF MOTION AND MOTION
TO PLAINTIFF AND ITS ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT, on July 26, 2013 at 1:30 p.m. in
Courtroom 13A, in accordance with the Court’s May 30, 2013 Order Setting Date
for Hearing, Defendant/Counterclaimant SanDisk Corporation (“SanDisk”) will and
hereby does submit this motion to apply collateral estoppel to Plaintiff/
counterdefendant e.Digital Corporation.
Pursuant to this Court’s May 30, 2013 Order Setting Date for Hearing, the
motion is based on this Notice of Motion and Motion; the Memorandum in Support
of Motion to Apply Collateral Estoppel Regarding Claim Construction Ruling in
Prior e.Digital Case filed in Case No. 13-cv-0356 DMS (WVG), ECF No. 30 and
the documents filed concurrently therewith, to the extent they relate to U.S. Patent
No. 5,491,774; the pleadings and papers on file in this action; and the argument of
counsel presented at the hearing on the motion.
Dated: June 19, 2013
Respectfully submitted,
JONES DAY
/s/ Randall E. Kay
Randall E. Kay
Attorney for Defendant/counterclaimant
SANDISK CORPORATION
1 E.Digital has not asserted U.S. Patent No. 5,839,108 against SanDisk.
Case 3:12-cv-02698-DMS-WVG Document 41 Filed 06/19/13 Page 2 of 3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
document has been served on this date to all current and/or opposing counsel of
record, who are deemed to have consented to electronic service via the Court's
CM/ECF system per CivLR 5.4(d). Any other counsel of record will be served by
electronic mail, facsimile and/or overnight delivery upon their appearance in this
matter.
I declare under penalty of perjury of the laws of the United States that the
foregoing is true and correct. Executed this 19th day of June, 2013 at San Diego,
California.
