THANKS SILVER

FROM DOC 197, NOW IS EDIG TURN TO PINCH DIGeCOR !

Production numbers 2, 3 and 4 of e.Digital’s Second Set of Discovery.

In these requests,

e.Digital seeks the production of all versions of code and all engineering plans and design

documentation related to digEcor’s current product, the digEplayer XT.

digEcor requests that this discovery be prohibited because it is overly broad and seeks

information that is demonstrably irrelevant to any issue raised by the pleadings or factual record

developed in discovery in this case. At minimum, the scope of these requests should be limited

to cover only those documents which, according to e.Digital’s own pleadings and discovery,

have been provided to digEcor. By seeking all documents that relate to the digEplayer XT,

regardless of whether they could potentially contain e.Digital proprietary software, e.Digital has

propounded requests that go beyond the scope of discovery permitted by the Federal Rules.

Thus, digEcor moves this Court for a protective order relieving digEcor of any obligation to

produce documents responsive to Requests 2, 3 and 4, or at least limiting the scope of discovery

to those requests to those documents and portions of the digEplayer XT design that specifically

The objectionable requests read as follows:

Request No. 2. A copy of all versions of the microcode of the digEplayer XT, in all

forms (source, binary and executable) including but not limited to all insertions, deletions,

modifications, change logs, and comments.

Request No. 3. All engineering plans and design documents for the digEplayer XT,

including but not limited to schematics, bills of materials, mechanical drawings, software

specifications, and interface specifications.

Request No. 4 [This request was erroneously labeled as the second Request No. 3]. Any

and all documents that constitute, refer, or relate to any Communications you have had with

DeCuir, Inc., Wolf Electronix, Triad Engineering, or VPI Engineering, or any employee, agent or

officer thereof. [This request is objectionable to the extent it seeks production of documentation

requested in Request no. 2 or 3.]

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pertain to the information identified by e.Digital in discovery.

Exhibit 1 to Memorandum in

Opposition to digEcor’s Motion to Quash or Modify Subpoenas (dkt 182).

This motion is supported by the following documents that will be filed herewith or that

have previously been filed in this matter: (1) the Memorandum in Support of Motion for

Protective Order and all exhibits thereto (filed herewith); (2) Affidavit of Steve Hurst (previously

filed as dkt 166); (3) Affidavit of Wallace Harkness (previously filed as dkt 167); (4) Excerpts

from the Transcript of the Deposition of Fred Rampey (filed herewith, under seal); (5) Excerpts

from the Transcript of Tracy DeCuir (filed herewith, under seal); (6) e.Digital’s counterclaim

(dkt. 78); (7) digEcor’s Exhibit 1 to Memorandum in Opposition to digEcor’s Motion to Quash

or Modify Subpoenas (dkt 182); and (8) such other items as are properly presented to the Court

and considered by the Court in ruling on this motion.

DURHAM JONES & PINEGAR