IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties,
as follows:
1. All claims by e.Digital Corporation of infringement relating to U.S. Patent Nos.
5,787,445 (“the ‘445 patent”) and 5,839,108 (“the ‘108 patent”) that have been or could have
been brought in this lawsuit against Samsung Electronics America, Inc., or related Samsung
entities that could have been named in this lawsuit, are hereby dismissed with prejudice.
2. All declaratory judgment counterclaims by Samsung Electronics America, Inc. of
non-infringement relating to the ‘445 and ‘108 patents that have been brought in this lawsuit are
hereby dismissed with prejudice.
3. All declaratory judgment counterclaims by Samsung Electronics America, Inc. of
invalidity relating to the ‘445 and ‘108 patents are hereby dismissed without prejudice.
4. The parties represent that as of the filing date of this Stipulation, and in view of
the paragraphs above, there is no current case or controversy between them within the meaning
of the Declaratory Judgment Act with respect to the ‘445 and ‘108 patents.
5. Each party is to bear its own costs and attorneys’ fees with respect to the ‘445 and
‘108 patents.
Dated: April 1, 2009
Respectfully submitted,
/s/ Matthew S. Yungwirth, with permission
by Michael E. Jones
L. Norwood Jameson
Matthew S. Yungwirth
Duane Morris LLP
1180 West Peachtree St., # 700
Atlanta GA 30309-3448
Tel: 404.253.6900
Fax: 404.253.6901
wjameson@duanemorris.com
msyungwirth@duanemorris.com
Gary R. Maze
Wesley W. Yuan
Duane Morris LLP
3200 Southwest Freeway
Ste 3150
Houston, TX 77027-7534
Tel.: 713.402.3900
Fax: 713.402.3901
grmaze@duanemorris.com
wwyuan@duanemorris.com
Michael C. Smith
Siebman, Reynolds, Burg, Phillips & Smith, LLP – Marshall
713 South Washington Avenue
Marshall, Texas 75670
Tel.: 903.938.8900
Fax: 972.767.4620
michaelsmith@siebman.com
Attorneys for Plaintiff
e.DIGITAL CORPORATION
Dated: April 1, 2009
Respectfully submitted,
/s/ Gregory S. Arovas, with permission
by Michael E. Jones
Michael E. Jones
Allen F. Gardner
POTTER MINTON
110 N. College, 500 Plaza Tower
Tyler, TX 75702
Telephone: (903) 597-8311
E-mail: mikejones@potterminton.com
E-mail: allengardner@potterminton.com
Gregory S. Arovas (admitted
pro hac vice)
NY Bar No. 2553782
(Lead Attorney)
Todd M. Friedman (admitted
pro hac vice)
