UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Apple Inc.,
Defendant.
Case No. 3:13-cv-00785-DMS-WVG
STIPULATED PARTIAL JUDGMENT
Assigned to the
Honorable Judge Dana M. Sabraw
Ctrm: 13A (Annex)
STIPULATED PARTIAL JUDGMENT
OF NON-INFRINGEMENT
Plaintiff and Counter-Defendant e.Digital Corporation (“e.Digital”) and
Defendant and Counterclaimant Apple Inc. (“Apple”) 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 Apple product lines
(the “Accused Products”) infringe independent claim 33 and dependent claims 2,
10, 15 and 23 of U.S. Patent No. 5,491,774 (“the ’774 patent”) patent, as set forth
in e.Digital’s Complaint (Dkt #1) and Preliminary Infringement Contentions
(“PICs”) served on June 26, 2013.
2. On August 22, 2013, the Honorable Judge Dana M. Sabraw issued an
depending therefrom.
7. Apple hereby dismisses without prejudice its Counterclaim Count VI
for invalidity of the ’774 patent, as well as all other defenses with respect to the
’774 patent, and reserves the right to re-assert all counterclaims and defenses
relating to the ’774 patent should e.Digital or any successor in interest accuse
Apple of infringement of the ’774 patent at any later point in time.
8. 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, and is without
prejudice to any claim for attorneys’ fees and/or costs under any basis, including
without limitation Fed. R. Civ. P. 11 and 54(d), and 35 U.S.C. § 285.
9. All issues relating to attorneys’ fees and/or costs are reserved pending
the outcome of the Parties’ remaining disputes, and the deadlines for filing any and
all motions seeking attorneys’ fees and/or costs shall be set by the Court after the
Parties’ remaining disputes are resolved.
10. For the sake of clarity, this Stipulated Partial Judgment of Non-
Infringement is not a final judgment pursuant to Fed. R. Civ. P. 54(b) and, 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 30, 2013
UNITED STATES DISTRICT JUDGE
