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Pacer: Huawei’s Notice of Motion and Motion to Apply Collateral Estoppel
NOTICE OF MOTION AND MOTION TO PLAINTIFF AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT, on July 26, 2013 at 1:30 p.m. in Courtroom 13A, in accordance with the Court’s May 30, 2013 Order Setting Date for Hearing, Defendants and Counter-Plaintiffs Futurewei Technologies, Inc. and Huawei Device USA, Inc. (collectively, “Huawei”) will and hereby do submit this motion to apply collateral estoppel against Plaintiff and Counter-Defendant e.Digital Corporation (“e.Digital”). Pursuant to this Court’s May 30, 2013 Order Setting Date for Hearing, the motion is based on this Notice of Motion and Motion; the Memorandum in Support of Motion to Apply Collateral Estoppel Regarding Claim Construction Ruling in Prior e.Digital Case filed in Case No. 13-cv-0356 DMS (WVG), ECF No. 30 and the documents filed concurrently therewith, to the extent they relate to U.S. Patent Nos. 5,491,774 and 5,839,108; the pleadings and papers on file in this action; and the argument of counsel presented at the hearing on the motion. DATED: June 19, 2013 FOLEY & LARDNER LLP By /s/ Nicola A. Pisano Jose L. Patiño (CA Bar No. 149568) jpatino@foley.com Nicola A. Pisano (CA Bar No. 151282) npisano@foley.com Christopher C. Bolten (CA Bar No. 268284) cbolten@foley.com 3579 Valley Centre Drive, Suite 300 San Diego, CA 92130-3302 Telephone: 858.847.6700 Facsimile: 858.792.6773 Attorneys for Defendants and Counter-Plaintiffs Futurewei Technologies, Inc. and Huawei Device USA, Inc
