MOO , I believe dismissing couple of patents from the case does not necessarily

affect other patent in dispute and and it is very common procedure in patents

infringement cases . Also it does not prevent e.DIGITAL of pursuit for same

dismissed patent against other infringers.

Here is exampe of dismissed patents between QUALCOM and BROADCOM

Qualcomm and Broadcom Agree to Dismiss Certain Patent Claims

Settlement Eliminates Two of Several Jury Trials Scheduled for 2007; Other Cases and Trial Dates Are Unaffected

SAN DIEGO - February 23, 2007 - Qualcomm Incorporated (Nasdaq: QCOM) today announced an agreement with Broadcom to dismiss with prejudice all claims and counterclaims associated with two patents belonging to Broadcom and two patents belonging to Qualcomm. The agreement results in the dismissal of San Diego Federal Court Case No. 05 CV 1662 involving Broadcom's claims for infringement of the two now-dismissed Broadcom patents and eliminates the need for a trial that had been scheduled to begin on March 5, 2007. The agreement also includes the dismissal of infringement claims under two of Qualcomm's patents in Case No. 05 CV 1392, also pending in federal court in San Diego. The remaining patent infringement claims between the parties in federal courts in San Diego and Orange County, Calif. are unaffected by the agreement.

The two dismissed Broadcom patents were among five that Broadcom initially asserted in complaints filed in May 2005 in the U.S. International Trade Commission (ITC) and in federal court in Orange County. Broadcom claimed that the two patents related to Bluetooth technology implemented in cell phones and cellular systems.

The two Qualcomm patents affected by the agreement were among five Qualcomm patents and four Broadcom patents remaining in a separate lawsuit filed in San Diego federal court in July 2005. Those patents had been divided among five separate jury trials scheduled to occur throughout 2007. The dismissal of the two Qualcomm patents and related claims and counterclaims will eliminate the need for one of those five trials.