Sandisk vs EDIG - Collateral estoppel demand for jury trial ,July 26(patent #774
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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
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
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.
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.
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