2.
the ’774 patent or any other e.Digital patent is intended by said dismissal. For
clarity, e.Digital and any successors-in-interest to the ‘774 patent agree not to
assert a claim for infringement of the ’774 patent against SanDisk based on the
manufacture, use, sale, offer for sale, or importation of prior or current SanDisk
products. e.Digital and any successors-in-interest to the ‘774 patent also agree not
to assert a claim for infringement of the ’774 patent against any third party based
on the manufacture, use, sale, offer for sale, or importation of prior or current
SanDisk media players, such as the Sansa Clip Zip, Fuze+ and Clip+ music and
video players. However, nothing in this paragraph shall constitute an authorization
under the patent exhaustion doctrine or otherwise prejudice e.Digital’s rights to
pursue claims of patent infringement against any third party with respect to the
’774 patent as they may pertain to any other SanDisk product, including, without
limitation, removable flash memory technology.
