"In response, e.Digital contends that those clauses are either unenforceable per se or are too

indefinite and excessive to be enforced. As to its first point, e.Digital contends that California law applies to the 2002 NDA and that California’s Business and Professions Code § 16600 invalidates Paragraphs 1, 4, 5 and 6. On the other hand, if Washington law applies, e.Digital argues that the clauses are unreasonable and therefore unenforceable as written. Alternatively, e.Digital asserts that even if these provisions are enforceable, e.Digital has not breached them.

For the reasons below, the court rules that California law applies to the 2002 NDA."

The court reaffirmed e.Digitals contentions of CA law, anyone have any idea what Doc they made it in, that is more what I'd like to see. It's a date and time issue I'm concerned with.

doc 65 date 1-19-07 digEcor gets relief on supersede clause

doc 324 date 3-13-09 e.Digital gets relief on NDA....non compete 7 year clause...over two years to come to that conclusion.

The main issue of this law suit are these two items...and they are dead as far as the court is concerned.

doni