E.DIGITAL in its opposition filing, e.Digital argues that while Toshiba’s September motion is framed as a request for sanctions, the company is primarily seeking to have the suit dismissed with prejudice, which e.Digital contends isn’t allowed under procedural rules governing sanctions. “Quite tellingly, no mention of any sanctions or fee award is mentioned in [Toshiba’s] proposed order,” e.Digital claims. “Clearly, Toshiba’s intent with respect to this motion is to have this court dismiss the case and not to impose sanctions.”