JOINT MOTION TO EXTEND CLAIM CONSTRUCTION DEADLINE

Plaintiff e.Digital Corporation and Defendants Pentax of America, Inc.; Hoya Corporation; Hoya Corporation USA; Canon USA, Inc.; Canon, Inc.; Coby Electronics Corp.; DXG Technology (U.S.A.), Inc.; DXG Technology Corporation; HTC America, Inc.; HTC Corporation; Kyocera Communications, Inc.; Kyocera Wireless Corporation; Kyocera International, Inc.; Kyocera Corporation; Leica Camera, Inc.; Marantz America, Inc.; D&M Holdings U.S. Inc.; D&M Holdings, Inc.; Nokia, Inc.; Nokia Corporation; Panasonic Corporation Of North America; Panasonic Corporation; Summit Technology Group, LLC; Sakar International, Inc.; Samson Technologies Corp.; Teac America, Inc.; and Vtech Electronics North America, LLC (the “Moving Defendants”) hereby submit the following Joint Motion to Extend Claim Construction Deadline. In support of this Motion, e.Digital and the Moving Defendants state as follows:

CERTIFICATE OF CONSULTATION

Pursuant to D.C.COLO.LCivR 7.1(A), e.Digital initiated the meet and confer process regarding the subject matter of this Motion on July 8, 2010. e.Digital and the Moving Defendants agreed to jointly seek the relief requested herein. The remaining Defendant, Imation Corporation, did not engage in the meet and confer process and have not expressed an opinion as to whether they join in this Motion.

1. On April 15, 2010, the Court entered a Scheduling Order for Markman Issues with the following operative dates:

May 7, 2010 Deadline for parties to submit a Joint Claim Construction Statement

June, 14, 2010 Deadline for Opening Markman Briefs

July 12, 2010 Deadline for Responsive Markman Briefs

2. In light of the compressed schedule for addressing Markman issues, e.Digital and the Moving Defendants seek an additional two days to file their responsive Markman briefs. Good cause exists for this short extension so that the parties may fully address the issues raised by each other in their Opening Claim Construction Briefs. Accordingly, e.Digital and the Moving Defendants move the Court to extend the deadline for filing responsive Markman briefs to July 14, 2010.

3. This is the first extension of the claim construction deadlines sought by any party. e.Digital and the Moving Defendants do not seek this extension for any improper purpose and no party will be prejudiced by the requested extension, as such an extension will not interfere with any trial setting.

4. Likewise, the requested extension would not interfere with any other deadline or events in this case. The next relevant event in this case is the non-evidentiary hearing set by this Court on July 30 to schedule a Markman hearing. The requested two-day extension will not interfere with that July 30 hearing.

5. Pursuant to D.C.COLO.LCivR 6.1, counsel for e.Digital and the Moving Defendants will serve this Motion on their respective clients.

WHEREFORE, e.Digital and the Moving Defendants respectfully request that this Court grant this Motion and extend the deadline for filing responsive Markman briefs to July 14, 2010, as set forth herein and in the attached proposed order.

Dated this 8th day of July, 2010.