Pacer:EDIG v.Huawei Technologies-Parties reached a settlement on patent 170 &737
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Message: Patent System
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff, v. Futurewei Technologies, Inc. dba Huawei Technologies (USA); Huawei Device USA, Inc., Defendants. Case No. 3:13-cv-00783-DMS-WVG
JOINT MOTION FOR ENTRY OF FINAL JUDGMENT Assigned to the Honorable Judge Dana M. Sabraw Ctrm: 13A (Annex
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
patent and the same claim term contained in the asserted claims 2 and 5 of the ’108
patent. (Dkt#56).
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”).
WHEREAS, the Parties have reached a settlement as to their claims and/or
counterclaims as to the ‘170 and ‘737 patents only.
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.
Respectfully submitted.
Dated: October 7, 2013
HANDAL & ASSOCIATES BY: /s/Pamela C. Chalk _________ Anton N. Handal Pamela C. Chalk Gabriel G. Hedrick Attorneys for Plaintiff And Counter-Defendant
JOINT MOTION FOR ENTRY OF
Case No.: 3:13-CV-00783-DMS-WVG FINAL JUDGMENT
4- 1200 THIRD AVE SUITE 1321 SAN DIEGO, CA 92101 TEL: 619.544.6400 FAX: 619.696.0323
FOLEY & LARDNER LLP BY: /s/ Jose L. Patiño _________________ Jose L. Patiño Attorneys for Defendants and Counter-Plaintiffs Futurewei Technologies, Inc. and Huawei Device USA, Inc. 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, Jose L. Patiño , 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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