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Pacer-EDIG v.Apple- JOINT MOTION FOR ENTRY OF STIPULATED PARTIAL JUDGMENT
ANTON HANDAL (Bar No. 113812) anh@handal-law.com PAMELA C. CHALK (Bar No. 216411) pchalk@handal-law.com GABRIEL HEDRICK (Bar No. 220649) ghedrick@handal-law.com HANDAL & ASSOCIATES 1200 Third Avenue, Suite 1321 San Diego, California 92101 Tel: 619.544.6400 Fax: 619.696.0323 Attorneys for Plaintiff and Counter-Defendant e.Digital Corporation SARAH BARROWS (Bar No. 253278) JAMES J. DECARLO (pro hac vice) barrowss@gtlaw.comdecarloj@gtlaw.com STEPHEN ULLMER (Bar No. 277537) GREENBERG TRAURIG LLP ullmers@gtlaw.com 200 Park Avenue GREENBERG TRAURIG LLP Florham Park, NJ 07932 4 Embarcadero Center Suite 3000 Tel: 973.360.7900 San Francisco, CA 94111 Fax: 973.301.8410 Tel: 415.655.1300 Fax: 415.707.2010 KEVIN J. O’SHEA (pro hac vice) osheak@gtlaw.com GREENBERG TRAURIG LLP 77 West Wacker Drive Chicago, IL 60601 Tel: 312.456.8400 Fax: 312.456.8435 Attorneys for Defendant and Counterclaimant Apple, Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA e.Digital Corporation, Plaintiff, v. Apple Inc., Defendant. Case No. 3:13-cv-00785-DMS-WVG JOINT MOTION FOR ENTRY OF STIPULATED PARTIAL JUDGMENT Assigned to the Honorable Judge Dana M. Sabraw Ctrm: 13A (Annex) Plaintiff and Counter-Defendant e.Digital Corporation (“e.Digital”) and Defendant and Counterclaimant Apple Inc. (“Apple”) by their undersigned counsel, hereby stipulate and agree, subject to the approval of the Court, to the entry of the attached Stipulated Partial Judgment of Non-Infringement and jointly move for entry of same. Good cause exists for the relief requested as set forth below. WHEREAS, e.Digital filed a Complaint asserting claims against Apple for patent infringement on or about April 1, 2013 (Dkt #1); WHEREAS, the Complaint alleged that certain Apple products (the “Accused Products”) infringed e.Digital’s U.S. Patent Nos. 5,491,774 (“the ’774 patent”), 5,742,737 (“the ’737 patent”), and 5,842,170 (“the ’170 patent”), as set forth more fully in the Complaint and e.Digital’s June 26, 2013 preliminary infringement contentions. WHEREAS, Apple filed an answer to the Complaint and counterclaims for declaratory and other relief on June 12, 2013 (Dkt#26). WHEREAS, e.Digital filed an answer to Apple ’s counterclaims on June 28, 2013 (Dkt #33). WHEREAS, on June 19, 2013, Apple filed a motion to apply collateral estoppel in this matter with respect to the construction of the term “sole memory of the received processed sound electrical signals” in the asserted claims of the ’774 patent as determined by the U.S. District Court for the District of Colorado in e.Digital Corp. v. Pentax of America, Inc., Civil Action No. 09-cv-2578-MSKMJW (D. Col.). (Dkt #31). WHEREAS, e.Digital opposed the motion (Dkt #34) and oral argument was heard on July 26, 2013. WHEREAS, on August 22, 2013, the Court entered an Order granting Apple’s motion to apply collateral estoppel (Dkt #45) (“Collateral Estoppel Order”). In view of the foregoing, the Parties, by and through their counsel, agree and stipulate as follows: 1. In light of the Collateral Estoppel Order, the Parties request that the Court enter, and/or incorporate into any final judgment of the Court in this matter, the Stipulated Partial Judgment attached hereto as Exhibit “A”. 2. The Stipulated Partial Judgment is without prejudice to the Parties’ rights to appeal the Collateral Estoppel Order and/or any prior or future Orders issued by the Court. Entry of the attached Partial Judgment will streamline the case and the issues to be decided and will avoid unnecessary expenditure of fees and costs by the parties. Respectfully submitted. Dated: September 27, 2013 HANDAL & ASSOCIATES By: /s/Pamela C. Chalk Anton N. Handal Pamela C. Chalk Gabriel G. Hedrick Attorneys for Plaintiff And Counter-Defendant e.Digital Corporation Dated: September 27, 2013 GREENBERG TRAURIG, LLP By: /s/ Sarah Barrows Sarah Barrows Stephen Ullmer James J. DeCarlo Kevin J. O’Shea Attorneys for Defendant And Counter-Claimant Apple Inc.
