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Message: PACER (Vivitar)

Also from DOC 35,



The e.Digital complaints regarding the accused products are a red herring. Significantly,

e.Digital admits that both the present matter and the Avid Litigation involve the same plaintiff as

well as the same patents. It also admits that both this case and the Avid Litigation will involve

analysis of digital camera and camcorder technologies (among other technological issues).

The key issues is that the technology and patents in suit have very significant commonality across the two cases.

The logical conclusion is that the claim construction,infringement analysis, and validity

issues in the two cases will heavily overlap.

Therefore, consolidating the two cases will greatly promote judicial efficiency.

Consolidation would allow one judge to more easily address the common issues. It will also

allow a single judge to coordinate the litigation in a consistent and orderly fashion.

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