sman...I know you posted as it was published, however, FWIW...the order of the language should have been......

"WHEREAS, e.Digital opposed the motion (Dkt #58) and oral argument was

heard on July 26, 2013.

WHEREAS, on August 22, 2013, the Court entered an Order granting

Huawei’s motion to apply collateral estoppel (Dkt #64) (“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

Stipulated Partial Judgment attached hereto as Exhibit “A” may be entered by the

Court and/or incorporated into any final judgment of the Court in this matter.

2. Each party shall bear their own costs and attorneys’ fees.

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.

WHEREAS, the Parties have reached a settlement as to their claims and/or

counterclaims as to the ‘170 and ‘737 patents only.

Respectfully submitted.

Dated: October 7, 2013"

doni