ANTON HANDAL (Bar No. 113812)

anh@handal-law.com

PAMELA C. CHALK (Bar No. 216411)

pchalk@handal-law.com

GABRIEL HEDRICK (Bar No. 220649)

ghedrick@handal-law.com

H

ANDAL & ASSOCIATES

1200 Third Avenue, Suite 1321

San Diego, California 92101

Tel: 619.544.6400

Fax: 619.696.0323

Attorneys for Plaintiff

e.Digital Corporation

et seq. , including,

without limitation, 35 U.S.C. §§ 271, 281. Plaintiff e.Digital seeks a preliminary

and permanent injunction and monetary damages for the infringement of its U.S.

Patent No. 5,839,108.

JURISDICTION AND VENUE

et seq.

3. Venue properly lies within the Southern District of California

pursuant to the provisions of 28 U.S.C. §§ 1391(b), (c), and (d) and 1400(b). On

information and belief, Defendant conducts substantial business directly and/or

through third parties or agents in this judicial district by selling and/or offering to

sell the infringing products and/or by conducting other business in this judicial

district. Furthermore, Plaintiff e.Digital is headquartered and has its principal

place of business in this district, engages in business in this district, and has been

harmed by Defendant’s conduct, business transactions and sales in this district.

4. This Court has personal jurisdiction over Defendant because, on

information and belief, Defendant transacts continuous and systematic business

within the State of California and the Southern District of California. In addition,

this Court has personal jurisdiction over the Defendant because, on information

and belief, this lawsuit arises out of Defendant’s infringing activities, including,

without limitation, the making, using, selling and/or offering to sell infringing

products in the State of California and the Southern District of California. Finally,

this Court has personal jurisdiction over Defendant because, on information and

belief, Defendant has made, used, sold and/or offered for sale its infringing

products and placed such infringing products in the stream of interstate commerce

with the expectation that such infringing products would be made, used, sold

and/or offered for sale within the State of California and the Southern District of

California.

5. Upon information and belief, certain of the accused products

manufactured or sold by Intel have been and/or are currently sold and/or offered

for sale at, among other places, the B&H Photo Video online store website located

at

http://www.bhphotovideo.com to consumers including, but not limited to, those

located within the State of California.

and to the ’108 patent and has the right to bring this suit for damages and other

A true and correct copy of the ’108 patent is attached hereto as Exhibit A.

COUNT ONE

9. Plaintiff re-alleges and incorporates by reference each of the

allegations set forth in paragraphs 1 through 8 above.

10. The accused products include but are not limited to Intel’s Flash

Memory Storage products including but not limited to its USB, SSD, SD,

microSD, and/or Compact Flash products. The primary and substantial purpose of

the accused products is to write to and store data in electronic format in nonvolatile

flash memory.

11. Intel has directly and indirectly infringed and is directly and indirectly