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JOINT MOTION TO EXTEND CERTAIN DEADLINES

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Plaintiff e.Digital Corporation (“e.Digital”) and Samsung Electronics America, Inc. (“Samsung”), and jointly move the Court to modify the following deadlines in the Court’s November 7, 2008 Docket Control Order (DI 102) as follows:

The parties do not seek this extension for the purpose of delay, but rather so that justice can be done herein. In particular, the parties have resolved certain scheduling conflicts and issues and agreed that e.Digital may depose Joe McAlexander on August 10, 2009. Joe McAlexander was identified by Samsung as a witness who may provide testimony related to claim construction issues and his deposition will be limited to an inquiry of those claim construction issues. In light of the timing of the deposition of Joe McAlexander, the parties request that the claim construction briefing deadlines each be extended for two weeks so that Joe McAlexander’s deposition testimony can be considered prior to e.Digital’s opening claim construction brief. The requested extensions will not impact any other deadlines in the Court’s Docket Control Order. Therefore, the parties respectfully request the Court to grant their Joint Motion to Extend Certain Deadlines in the Court’s Docket Control Order as reflected in the Proposed Order submitted herewith.

Dated: July 2, 2009

DUANE MORRIS LLP

By: /s/ Matthew S. Yungwirth

L. Norwood “Woody” Jameson

GA SBN: 003970

wjameson@duanemorris.com

Matthew S. Yungwirth

GA SBN: 783597

msyungwirth@duanemorris.com

Duane Morris LLP

1180 West Peachtree Street, Suite 700

Atlanta GA 30309-3448