Joint MOTION for Judgment Joint Motion For Entry Of Stipulated Partial Judgment by e.Digital Corporation. (Attachments: # 1 Exhibit A [Proposed] Stipulated Judgment)(Chalk, Pamela) Modified on 9/30/2013-QC mailer sent to atty re proposed orders should not be attached (aef). (Entered: 09/27/2013)

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ORDER granting 49 Joint Motion for Entry of Stipulated Partial Judgment. Signed by Judge Dana M. Sabraw on 9/30/2013. (aef) (jrl). (Entered: 10/01/2013)

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STIPULATED PARTIAL JUDGMENT. The Court enters this Stipulated Partial Judgment of Non-Infringement (a) in favor of Apple on e.Digital's claim for infringement of independent claims 33 and 34 and dependent claims 2, 10, 15 and 23 of the '774 patent and any other claims depending therefrom, and (b) in favor of Apple on Apple's Counterclaim Count V for non-infringement of independent claims 33 and 34 and dependent claims 2, 10, 15 and 23 of the 774 patent and any other claims depending therefrom. Apple hereby dismisses without prejudice its Counterclaim Count VI for invalidity of the 774 patent, as well as all other defenses with respect to the 774 patent, and reserves the right to re-assert all counterclaims and defenses relating to the 774 patent should e.Digital or any successor in interest accuse Apple of infringement of the 774 patent at any later point in time. This Stipulated Partial Judgment of Non-Infringement is without prejudice to the Parties rights to appeal the Court's Collateral Estoppel Order and/or any prior or future orders issued by the Court in this matter, and is without prejudice to any claim for attorneys fees and/or costs under any basis, including without limitation Fed. R. Civ. P. 11 and 54(d), and 35 U.S.C. § 285. Signed by Judge Dana M. Sabraw on 9/30/2013.(aef) (jrl). (Entered: 10/01/2013)

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