Got good news and "not so" good news. OK, the "not so" good news first. Kyocera Wireless, Inc was dismissed due to DM mis-naming the company. Again. I officially quit speculating on settlements - will just report the facts.
Now the good news. EDIG is trying to ammend their complaint to add their 737 patent due to a recent action by the USPTO!
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Date Filed
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#
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Docket Text
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02/12/2010
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177
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Party Kyocera Wireless, Inc. terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 02/12/2010. Text only entry - no document attached. (wjc, ) (Entered: 02/12/2010)
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02/12/2010
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178
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MOTION for Leave to Amend Complaint by Plaintiff e.Digital Corporation, Counter Defendant e.Digital Corporation. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order (PDF Only))(Yungwirth, Matthew) (Entered: 02/12/2010)
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Pursuant to Federal Rules of Civil Procedure 7 and 15, and D.C.COLO.LCivR 7.1, Plaintiff e.Digital Corporation (“e.Digital”) hereby files this Motion for Leave to Amend Its Complaint in the form attached hereto as Exhibit A. In this motion, e.Digital seeks leave to file an Amended Complaint, which:
1. adds a claim for infringement of U.S. Patent No. 5,742,737 following the United States Patent and Trademark Office’s (the “USPTO”) recent issuance of a Certificate of Correction to the ‘737 Patent;
2. provides more detail regarding the infringement allegations asserted against Defendants, including more specificity regarding the asserted claims and theory of infringement, as recommended by this Court in the Rule 16 Conference (Reporter’s Transcript at 21:23–22:4, referenced excerpts attached hereto as Exhibit B); and
3. corrects the names of Defendants DXG Technology Corporation (misidentified as DXG Technology, Inc. in the original Complaint); Kyocera Wireless Corporation (misidentified as Kyocera Wireless, Inc. in the original Complaint); and Summit Technology Group, LLC (misidentified as Summit Global Group, LLC in the original Complaint).
