Pacer - e.DIGITAL v. Pantech -STIPULATED PARTIAL JUDGMENT OF NON-INFRINGEMENT
in response to
by
Message: Document 65 New Deadlines all Cases
STIPULATED PARTIAL JUDGMENT
OF NON-INFRINGEMENT
Plaintiff
e.Digital Corporation (“e.Digital”); Defendants Pantech Wireless,
Inc. aka Pantech North America; Pantech Co. Ltd. (collectively referred to as
“Pantech”)
by their undersigned counsel, hereby stipulate and agree, subject to the
approval of the Court, to the entry of the following Stipulated Partial Judgment of
Non-Infringement:
1. In this action, e.Digital has alleged that certain Pantech product lines
(the “Accused Products”) infringe
independent claims 33 and 34, and dependent
claims 2, 6 through 8, 10, 15 through 16, 18, 23 through 26, and 28 through 31 of
U.S. Patent No. 5,491,774 (“the ’774 patent”) patent and independent claim 2
and
5 and dependent claim 3 of U.S. Patent No. 5,839,108
(“the ’108 patent”), as set
forth in the First Amended Complaint (Dkt#10) and
e.Digital’s Preliminary
Infringement Contentions (“PICs”) served on June 26, 2013.
2. On August 22, 2013, the Honorable Judge Dana M. Sabraw issued an
order granting Pantech’s motion to apply collateral estoppel with respect to
certain
terms contained in claims 33 and 34 of the ’774 patent and claims 2 and 5 of the
’108 patent (“Collateral Estoppel Order”). (Dkt #42
).
3. The Court found that the elements of issue preclusion were met in this
matter and preclude e.Digital from relitigating the construction of the
term “sole
memory of the received processed sound electrical signals” as contained
in claims
33 and 34 of the
’774 patent and claims 2 and 5 of the ’108 patent. (Dkt#42). The
Court further found that fairness and public policy favor application of issue
preclusion in this matter. (Dkt#42).
4. In view of the foregoing, the Parties therefore agree that the Court
may enter this Stipulated Partial Judgment finding that Pantech has not infringed
and does not infringe directly and/or indirectly, independent claims 33 and 34 and
dependent claims 2, 6 through 8, 10, 15 through 16, 18, 23 through 26, and 28
through 31
of the ‘774 patent, independent claims 2 and 5 and dependent claim 3
of the ‘108 patent, and any other claims d
epending therefrom.
5.
It is provided, however, that if the Court’s findings as set forth in
Collateral Estoppel Order are reversed, changed, or modified on appeal such that
the matter is remanded for further consideration in any respect, the Parties reserve
all of their claims, arguments and defenses.
6. Accordingly, the Court enters this Stipulated Partial Judgment of Non-
Infringement in favor of Pantech on e.Digital
’s claim for infringement of claims 33
and 34 of the ’774 patent, claims 2 and 5 of the ’108 p
atent, and any other claims
depending therefrom. (Dkt# 10).
8. Pantech reserves its rights to seek costs and
attorney’s fees related to
e.Digital’s
claims for infringement of the ’774 patent and the ’108 patent asserted
in this action.
9. This Stipulated Partial Judgment of Non-Infringement is without
prejudice to the Parties’ rights to appeal the Court’s
Collateral Estoppel Order
and/or any prior or future orders issued by the Court in this matter.
10. This Stipulated Partial Judgment of Non-Infringement, if so
necessary, is to be merged and/or become part of any final judgment entered in this
matter and may be incorporated as an exhibit thereto.
Dated: September 16, 2013
UNITED STATES DISTRICT JUDGE
16 Recommendations
Loading...
Loading...
New Message
Please
login
to post a reply