Every thing seems to read with a degree understanding, until i get to this....
(19) The statement made in “
Defendant Toshiba America Information
Systems, Inc.’s [Proposed] Order Granting Defendant Toshiba America
Information Systems, Inc.’s Motion for Sanctions”
(Dkt #37-21), “The Court,
having considered Defendant’s Motion for Sanctions and the papers and arguments
submitted in support of and in opposition thereto, is of the opinion that Toshiba
America Information Systems, Inc.’s motion should be GRANTED pursuant to
Fed. R. Civ. P. 11. Therefore, it is ORDERED that Plaintiff e.Digital Corporation’s
Amended Complaint for Patent Infringement against Toshiba America Information
Systems, Inc. shall be
DISMISSED WITH PREJUDICE.”
=========================================================
And then at the closing read this....
==============================================================
PLAINTIFF E.DIGITAL
CORPORATION’S REQUEST
FOR JUDICIAL NOTICE; AND
EXHIBITS 1-18 ATTACHED
THERETO SUBMITTED IN
SUPPORT OF ITS OPPOSITION
TO DEFENDANT TOSHIBA
AMERICA INFORMATION
SYSTEMS, INC.’S NOTICE OF
MOTION AND MOTION FOR
SANCTIONS
DEMAND FOR JURY TRIAL
Date: October 20, 2014
Time: 10:30 a.m.
Ctrm: 15A
Judge: Hon. Marilyn L. Huff
Assigned to the Honorable
Judge Marilyn L. Huff
Courtroom 15A (Annex)
=========================================================
So what do we have here?....e.Digital asks the court to take notice of issues that deal with typical denials of defendants regarding.... "Order Denying Defendant’s Motion To Dismiss Plaintiff’s First Amended Complaint”.....of which, Toshiba had the same typical motion before the court. However, Toshiba withdrew it's motion to dismiss before it got the same order all the others got. Toshiba based its withdrawal on mistakes it made of improper URL links detailed in its motion. If you can believe that one…most likely deliberate.
Anyway, defendant Toshiba then resorts to a, Motion for Sanctions, where in item 19, it is considered, by the court, that the motion of Sanctions should be granted.
However, as I see it, the courtdid not grant sanctions...as the court ruled….."Therefore, it is ORDERED that Plaintiff e.Digital Corporation’s Amended Complaint for Patent Infringement against Toshiba America Information
DISMISSED WITH PREJUDICE.”"
The court dismissed the case.
So what do we have here?...the case is closed...Where Toshiba after that ruling is still trying to pursue sanctions as they were not ruled on??
If that is what is going on, and e.Digital is satisfied with the dismissal of the case, what is Toshiba trying to establish through further sanctions with the case closed?
IMO, e.Digital can still go after Toshiba based on other issues...and Toshiba is trying to sanction that consideration?
FWIW..................sman...or others closely following, how do you read it?
