Pursuant to the instruction of the Court given during trial of this matter, Defendant e.Digital hereby gives notice of the trial transcript sections that should be redacted, and of the trial exhibits that should be sealed, in order to protect e.Digital’s proprietary information.

e.Digital reiterates its designation, made during trial, of the testimony of Mssrs. Paul Hepworth and Anthony Wechselberger as attorneys’ eyes only. The Courtroom was sealed during this testimony, and e.Digital requests that that designation be reflected on the final trial transcript. This designation applies specifically to pages 646:13-781:19 and 1227:13-1237:15 of the transcript.

Further, in addition to those exhibits designated as Attorneys’ Eyes Only in the May 14, 2009 Interim Exhibit List (Doc. #382), e.Digital also designates the following exhibits to be sealed from the public record: Exhibits 178, 187, 211, 213, 236, 237, 243, and 244.

DATED this 5th day of June, 2009.

RAY QUINNEY & NEBEKER P.C.