Message: Calvary
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
CASE NO. 13-cv-2892-H-BGS
ORDER GRANTING MOTION
FOR CONSENT JUDGMENT
[Doc. No. 33]
vs.
CAVALRY STORAGE, INC.,
Defendant.
On December 5, 2014, Plaintiff e.Digital Corporation filed its complaint against
Defendant Cavalry Storage, Inc., alleging that Defendant committed both direct and
indirect infringement in violation of 35 U.S.C. § 271, et seq. (Doc. No. 1.) On April
1, 2014, Defendant filed its answer. (Doc. No. 15.) On June 6, 2014, the parties
reached an agreement and stipulated to a consent judgment. (Doc. No. 33-3.) On June
9, 2014, Plaintiff filed an unopposed motion for entry of stipulated consent judgment.
(Doc. No. 33.) Accordingly, the Court orders as follows:
1. This Court has personal jurisdiction over Defendant Cavalry Storage Inc.
2. This Court has jurisdiction over the subject matter in issue.
3. For purposes of this stipulation, e.Digital is the owner by Assignment of
the entire right, title, and interest in and to Asserted Patent:
a. U.S. Patent No. 5,839,108 entitled “Flash Memory File System In
A Handheld Record And Playback Device.”
4. Cavalry Storage agrees not to take action contesting the validity of the
Asserted Patent in the future.
5. The subject Accused Products for purposes of this stipulation are any and
all Cavalry Storage branded memory card products for Flash Memory
Storage including but not limited to its USB, SSD, SD, microSD, and/or
Compact Flash products. The accused products include but are not limited
to Defendant’s CASD-C1 Series product.
6. The Court issues a permanent injunction against Cavalry Storage, its
officers, agents, servants, employees, U.S. distributors, attorneys, and
those in active concert with them for the duration of the life of the
Asserted Patent, permanently enjoining them from making, using, or
selling the Accused Products in the United States, and any derivation
thereof which infringe any claim of the Asserted Patent in the United
States, unless or until (i) the Asserted Patent is found invalid or
unenforceable or (ii) as authorized by e.Digital.
7. The Parties have agreed and stipulated to the entry of this stipulated
Judgment.
8. The Parties have been fully counseled on and understand the
consequences of this stipulated Judgment.
9. The Parties will bear their own costs and attorneys’ fees associated with
the prosecution and defense of this action.
10. The Court retains jurisdiction of this matter for purposes of enforcing this
order. The Court directs the Clerk to close this case.
IT IS SO ORDERED.
DATED: June 19, 2014
______________________________
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT CO
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
CASE NO. 13-cv-2892-H-BGS
ORDER GRANTING MOTION
FOR CONSENT JUDGMENT
[Doc. No. 33]
vs.
CAVALRY STORAGE, INC.,
Defendant.
On December 5, 2014, Plaintiff e.Digital Corporation filed its complaint against
Defendant Cavalry Storage, Inc., alleging that Defendant committed both direct and
indirect infringement in violation of 35 U.S.C. § 271, et seq. (Doc. No. 1.) On April
1, 2014, Defendant filed its answer. (Doc. No. 15.) On June 6, 2014, the parties
reached an agreement and stipulated to a consent judgment. (Doc. No. 33-3.) On June
9, 2014, Plaintiff filed an unopposed motion for entry of stipulated consent judgment.
(Doc. No. 33.) Accordingly, the Court orders as follows:
1. This Court has personal jurisdiction over Defendant Cavalry Storage Inc.
2. This Court has jurisdiction over the subject matter in issue.
3. For purposes of this stipulation, e.Digital is the owner by Assignment of
the entire right, title, and interest in and to Asserted Patent:
a. U.S. Patent No. 5,839,108 entitled “Flash Memory File System In
A Handheld Record And Playback Device.”
4. Cavalry Storage agrees not to take action contesting the validity of the
Asserted Patent in the future.
5. The subject Accused Products for purposes of this stipulation are any and
all Cavalry Storage branded memory card products for Flash Memory
Storage including but not limited to its USB, SSD, SD, microSD, and/or
Compact Flash products. The accused products include but are not limited
to Defendant’s CASD-C1 Series product.
6. The Court issues a permanent injunction against Cavalry Storage, its
officers, agents, servants, employees, U.S. distributors, attorneys, and
those in active concert with them for the duration of the life of the
Asserted Patent, permanently enjoining them from making, using, or
selling the Accused Products in the United States, and any derivation
thereof which infringe any claim of the Asserted Patent in the United
States, unless or until (i) the Asserted Patent is found invalid or
unenforceable or (ii) as authorized by e.Digital.
7. The Parties have agreed and stipulated to the entry of this stipulated
Judgment.
8. The Parties have been fully counseled on and understand the
consequences of this stipulated Judgment.
9. The Parties will bear their own costs and attorneys’ fees associated with
the prosecution and defense of this action.
10. The Court retains jurisdiction of this matter for purposes of enforcing this
order. The Court directs the Clerk to close this case.
IT IS SO ORDERED.
DATED: June 19, 2014
______________________________
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT CO
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