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Message: Toshiba Sanctions Bid Is Aimed At Axing Suit, E.Digital Says. 10/3/14 Law360
sman...this as well...
"In its response, however, e.Digital contends that Rule 11 of federal civil procedure, which deals with sanctions, provides no authority to dismiss the company’s amended complaint. The company also pointed out that the court had already denied Toshiba’s motion to dismiss in July, with Judge Huff finding that it had sufficiently pled its allegations."
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DEFEADANTS PROPOSED ORDER...
(19) The statement made in “
Defendant Toshiba America Information
Systems, Inc.’s [Proposed] Order Granting Defendant Toshiba America
Information Systems, Inc.’s Motion for Sanctions”
(Dkt #37-21), “The Court,
having considered Defendant’s Motion for Sanctions and the papers and arguments
submitted in support of and in opposition thereto, is of the opinion that Toshiba
America Information Systems, Inc.’s motion should be GRANTED pursuant to
Fed. R. Civ. P. 11. Therefore, it is ORDERED that Plaintiff e.Digital Corporation’s
Amended Complaint for Patent Infringement against Toshiba America Information
Systems, Inc. shall be
DISMISSED WITH PREJUDICE.”
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doni
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