futurewei Technologies, Inc. dba

Huawei Technologies (USA); Huawei

Device USA, Inc.,

Counterclaimants,

v.

e.Digital Corporation,

Counter Defendant.

Plaintiff and Counter-Defendant e.Digital Corporation (“e.Digital”);

Defendants Futurewei Technologies, Inc. and Huawei Device USA, Inc.

(collectively referred to as “Huawei”) by their undersigned counsel, hereby

stipulate and agree, subject to the approval of the Court, to the entry of the attached

Stipulated Judgment of Non-Infringement and jointly move for entry of same.

Good cause exists for the relief requested as set forth below. There is no reason for

delay for entry of the proposed stipulated judgment.

WHEREAS, e.Digital filed a Complaint asserting claims against Huawei for

patent infringement on or about April 1, 2013 (Dkt #1);

WHEREAS, the Complaint alleged that certain Huawei products (the

“Accused Products”) infringed e.Digital’s U.S. Patent Nos. 5,491,774 (“the ’774

patent”), 5,742,737 (“the ’737 patent”), 5,839,108 (“the ’108 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, Huawei filed an answer to the Complaint and counterclaims for

declaratory and other relief on or about June 12, 2013 (Dkt# 25, 27).

WHEREAS, e.Digital filed an answer to Huawei’s counterclaims on or

about May 23, 2013 (Dkt #49-50).

WHEREAS, on or about June 19, 2013, Huawei 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

Case No.: 3:13-CV-00783-DMS-WVG