EDIG is asking the Court to dismiss an earlier counterclaim they made against digEcor. I pasted the request for dismissal (Doc 307) and the eighth counterclaim (from Doc 78) below. Sounds like the two Parties are working together somewhat.

DOC 307:

Pursuant to Rule 41(a)(1)(ii) and (c) of the Federal Rules of Civil Procedure, Counterclaim Plaintiff e.Digital Corporation hereby requests that the Court enter an Order dismissing, without prejudice, the Eighth Counterclaim for Indemnification set forth in e.Digital’s Second Amended Counterclaim (dkt 78), each party to bear its own attorneys’ fees and costs with respect to this claim. Counterclaim Defendant digEcor, Inc. does not oppose the dismissal of this claim on these terms. The parties request that the Court enter the order submitted herewith.

EIGHTH COUNTERCLAIM OF DOC 78:

69. e.Digital incorporates by reference the allegations in the preceding paragraphs of this Counterclaim.

70. digEcor has put e.Digital at risk by selling media players that incorporate e.Digital’s technology alongside unlicensed proprietary technology of other parties, without the consent of those other parties or of e.Digital.

71. e.Digital has been injured by the increased risk caused by digEcor’s wrongful actions, and may suffer further injury if the owners of the unlicensed technology seek redress from e.Digital related to digEcor’s wrongful actions, over which e.Digital has no control.

72. As between digEcor and e.Digital, digEcor is responsible for any liability that arises from its use of unlicensed technology, as digEcor acted of its own accord and without e.Digital’s input or control.

73. e.Digital is entitled to a judgment that digEcor indemnify e.Digital for all costs, fees and judgments that result from any dispute arising as a result of digEcor’s wrongful use of unlicensed technology in its media players.