NOTICE OF SERVICE PURSUANT TO SCHEDULING ORDER FOR MARKMAN ISSUES

Plaintiff e.Digital Corporation (“e.Digital”) hereby notifies the Court that, pursuant to the
Scheduling Order for Markman Issues, it served this day via Federal Express: (1) the Declaration of Elwood G. Norris and (2) the Declaration of Ron Maltiel in Support of Plaintiff’s Proposed Claim Constructions. These declarations provide, respectively, a detailed summary of the fact testimony that may be offered by Mr. Norris and the expert opinions of Ron Maltiel related to the issues of claim construction.

Dated: May 7, 2010

Respectfully submitted,
DUANE MORRIS LLP