e.DIGITAL CORPORATION,

Plaintiff,

v.

AVID TECHNOLOGY, INC.; CASIO

AMERICA, INC.; LG ELECTRONICS

USA, INC.; NIKON, INC.; OLYMPUS

AMERICA INC.; SAMSUNG

ELECTRONICS AMERICA, INC.; and

SANYO NORTH AMERICA

CORPORATION,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

Civil Action No. 2:08-cv-00093-DF-CE

Hon. D. Folsom

JURY TRIAL DEMANDED

STIPULATION BETWEEN e.DIGITAL CORPORATION AND SAMSUNG

ELECTRONICS AMERICA, INC. REGARDING DISMISSAL OF ALL CLAIMS OF

UNITED STATES PATENT NOS. 5,787,445 AND 5,839,108

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.

2

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,

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

3

Dated: April 1, 2009

Respectfully submitted,

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

CERTIFICATE OF SERVICE

The undersigned hereby certifies that all counsel of record who are deemed to have

consented to electronic service are being served with a copy of this document via the Court’s

CM/ECF system per Local Rule CV-5(a)(3) on April 1, 2009. Any other counsel of record will

be served by First Class U.S. mail on this same date.