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Message: Per Let Go Joe in the Link Library: The appeal is based on CE.

e.Digital Appeals Collateral Estoppel Court Ruling

posted on Oct 09, 13 10:39AM Use the IP Check tool [?]

e.Digital Appeals Collateral Estoppel Court Ruling

e.Digital Appeals Collateral Estoppel Court Ruling

SAN DIEGO, CA--(Marketwired - Oct 9, 2013) -e.Digital Corporation (OTCQB: EDIG), a long standing source of innovation and future-defining patented technologies, today announced that it has, through its lawfirm Handal & Associates, filed a notice of appeal to the Federal Circuit Court of Appeals, formally challenging the ruling by the Honorable Judge Dana Sabraw to apply the collateral estoppel doctrine in e.Digital's recent string of cases to enforce its Flash-R™ patent portfolio.

e.Digital filed multiple law suits in the Federal Court in and for the Southern District of California asserting claims of patent infringement against several companies. The defendants as a group filed a joint motion asking the District Court to prevent the Company from relitigating the meaning of certain terms of the Company's US Patent No. 5,491,774 ("the '774 patent") and US Patent No. 5,839,108 ("the '108 patent") as defined by the judge in the Company's 2010 Colorado litigation against a separate group of defendants. The Company's law firm opposed the motion on a number of grounds. If successful, the Company's appeal will require the District Court to take a fresh look at the meaning of those claim terms and allow e.Digital to argue a different meaning of certain claim terms in light of, among other things, proceedings before the U.S. Patent and Trademark Office that took place after the conclusion of the Colorado case. A reversal of Judge Sabraw's collateral estoppel ruling could also have a substantial impact on unresolved cases by potentially requiring the Court to hold a new claim construction hearing on the disputed terms of the '774 patent and the '108 patent.

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