Message: 13/681,054 update
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
e.Digital Corporation
Peter S. Veregge (Bar. No. 155769)
peter@cislo.com
Cislo & Thomas LLP
1333 2nd Street, Suite 500
Santa Monica, CA 90401
Tel.: 805.494.9833
Fax: 805.496.1880
J. Wes Billingsley, pro hac vice
wes@billingsleyassociates.com
Billingsley & Associates
201 West Main Street
Ada, OK 74820
Tel.: 580.559.2579
Fax: 580.279.6596
Attorneys for Defendants and Counter-Plaintiff
Mach Speed Technologies, LLC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Mach Speed Technologies, LLC;
Defendant.
Case No.: 3:12-cv-2877- DMS-WVG
JOINT MOTION FOR ENTRY OF
STIPULATED PARTIAL
JUDGMENT
Assigned to the
Honorable Judge Dana M. Sabraw
Ctrm: 13A (Annex)
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
e.Digital Corporation
Peter S. Veregge (Bar. No. 155769)
peter@cislo.com
Cislo & Thomas LLP
1333 2nd Street, Suite 500
Santa Monica, CA 90401
Tel.: 805.494.9833
Fax: 805.496.1880
J. Wes Billingsley, pro hac vice
wes@billingsleyassociates.com
Billingsley & Associates
201 West Main Street
Ada, OK 74820
Tel.: 580.559.2579
Fax: 580.279.6596
Attorneys for Defendants and Counter-Plaintiff
Mach Speed Technologies, LLC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Mach Speed Technologies, LLC;
Defendant.
Case No.: 3:12-cv-2877- 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 Mach Speed Technologies, LLC ( “Mach Speed”)
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 Mach
Speed for patent infringement on or about December 4, 2012(Dkt #1).
WHEREAS, the Complaint alleged that certain Mach Speed products (the
“Accused Products”) infringed e.Digital’s U.S. Patent Nos. 5,491,774 (“the ’774
patent”) and 5,742,737 (“the ’737 patent”), as set forth more fully in the Complaint
(Dkt#1) and e.Digital’s June 26, 2013 preliminary infringement contentions.
WHEREAS, Mach Speed filed an answer to the Complaint and
counterclaims for declaratory and other relief on or about June 12, 2013 (Dkt #32).
WHEREAS, e.Digital filed an answer to Mach Speed’s counterclaims on or
about July 1, 2013 (Dkt #38).
WHEREAS, on or about June 19, 2013, Mach Speed filed a motion to apply
collateral estoppel in this matter with respect to the above-referenced terms as now
contained in the re-examined and amended claims 33 and 34 claims of the ’774
patent and a similar claim term contained in the asserted claims 2 and 5 of the ’108
patent. (Dkt#36).
WHEREAS, e.Digital opposed the motion (Dkt #39) and oral argument was
heard on July 26, 2013.
WHEREAS, on August 22, 2013, the Court entered an Order granting Mach
Speed’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:
Defendant and Counterclaimant Mach Speed Technologies, LLC ( “Mach Speed”)
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 Mach
Speed for patent infringement on or about December 4, 2012(Dkt #1).
WHEREAS, the Complaint alleged that certain Mach Speed products (the
“Accused Products”) infringed e.Digital’s U.S. Patent Nos. 5,491,774 (“the ’774
patent”) and 5,742,737 (“the ’737 patent”), as set forth more fully in the Complaint
(Dkt#1) and e.Digital’s June 26, 2013 preliminary infringement contentions.
WHEREAS, Mach Speed filed an answer to the Complaint and
counterclaims for declaratory and other relief on or about June 12, 2013 (Dkt #32).
WHEREAS, e.Digital filed an answer to Mach Speed’s counterclaims on or
about July 1, 2013 (Dkt #38).
WHEREAS, on or about June 19, 2013, Mach Speed filed a motion to apply
collateral estoppel in this matter with respect to the above-referenced terms as now
contained in the re-examined and amended claims 33 and 34 claims of the ’774
patent and a similar claim term contained in the asserted claims 2 and 5 of the ’108
patent. (Dkt#36).
WHEREAS, e.Digital opposed the motion (Dkt #39) and oral argument was
heard on July 26, 2013.
WHEREAS, on August 22, 2013, the Court entered an Order granting Mach
Speed’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 agree that the
non-final Stipulated Partial Judgment attached hereto as Exhibit “A” may be
entered by the Court and incorporated into any final judgment of the Court entered
in this matter after resolution of the Parties’ dispute concerning the ’737 patent.
2. The Stipulated Partial Judgment is without prejudice to the Parties’
rights to appeal the Collateral Estoppel Order and 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: October 1, 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: October 1 2013
BILLINGSLEY & ASSOCIATES
By: /s/J. Wes Billingsley ______
J. Wes Billingsley
Attorneys for Defendant and
Counterclaimant
Mach Speed Technologies, LLC
ATTESTATION OF E-FILED SIGNATURE
Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies
and Procedures Manual, I, Pamela C. Chalk, attest that signatory, J. Wes
Billingsley, has read and approved the foregoing and consents to its filing in this
action.
By /s/Pamela C. Chalk
Pamela C. Chalk
non-final Stipulated Partial Judgment attached hereto as Exhibit “A” may be
entered by the Court and incorporated into any final judgment of the Court entered
in this matter after resolution of the Parties’ dispute concerning the ’737 patent.
2. The Stipulated Partial Judgment is without prejudice to the Parties’
rights to appeal the Collateral Estoppel Order and 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: October 1, 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: October 1 2013
BILLINGSLEY & ASSOCIATES
By: /s/J. Wes Billingsley ______
J. Wes Billingsley
Attorneys for Defendant and
Counterclaimant
Mach Speed Technologies, LLC
ATTESTATION OF E-FILED SIGNATURE
Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies
and Procedures Manual, I, Pamela C. Chalk, attest that signatory, J. Wes
Billingsley, has read and approved the foregoing and consents to its filing in this
action.
By /s/Pamela C. Chalk
Pamela C. Chalk
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