Jef , As you notice Apple reached settlement for those 3 patents but wants without prejudice
because they know there will be potential lawsuit in view of remaining patents most likely
# 108.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Apple Inc.,
Defendant.
Case No. 3:13-cv-00785-DMS-WVG
JOINT MOTION FOR VOLUNTARY
DISMISSAL OF CLAIMS AND
COUNTERCLAIMS
Assigned to the Honorable
Judge Dana M. Sabraw
Ctrm: 13A (Annex)
Case 3:13-cv-00785-DMS-WVG Document 71 Filed 12/18/13 Page 1 of 4
JOINT MOTION FOR VOLUNTARY DISMISSAL CASE NO. 3:13-CV-00785-DMS-WVG
HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF CALIFORNIA:
Plaintiff and Counter-Defendant e.Digital Corporation (“e.Digital” or
“Plaintiff”); and, Defendants and Counterclaimant Apple Inc. (“Apple” or
“Defendant”) by their undersigned counsel, hereby present this joint stipulation
and notice of dismissal.
Plaintiff and the Defendant are collectively referred to hereafter as “the
Parties.” The Parties stipulate and provide notice as follows:
The Parties have reached an agreement on a settlement of all claims brought
in this action.
On the basis of the settlement reached, the parties hereby stipulate and agree
as follows:
1) Plaintiff e.Digital hereby voluntarily dismisses all claims brought in
this matter against Defendant and Counterclaimant Apple Inc. WITH
PREJUDICE.
2) Defendant and Counterclaimant Apple hereby voluntarily dismisses
all of its counterclaims brought in this matter against Plaintiff and
Counter-Defendant e.Digital WITHOUT PREJUDICE; and,
3) Each party shall bear its own costs and attorneys’ fees in this matter.
Thus, it is thereby respectfully requested, that the Court enter an order as
follows:
1) Plaintiff and Counter-Defendant e.Digital Corporation’s claims made
it in its Complaint against Apple are dismissed WITH PREJUDICE;
2) Defendant and Counterclaimant Apple’s against e.Digital Corporation
are hereby dismissed WITHOUT PREJUDICE; and,
3) Each party shall bear its own costs and attorneys’ fees.
Pursuant to Local Civil Rule 7.2, the parties hereto will separately submit a
Case 3:13-cv-00785-DMS-WVG Document 71 Filed 12/18/13 Page 2 of 4
JOINT MOTION FOR VOLUNTARY DISMISSAL CASE NO. 3:13-CV-00785-DMS-WVG
HANDAL & ASSOCIATES
1200 THIRD AVE
SUITE 1321
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Proposed Order granting the relief requested.
Respectfully submitted,
Dated: December 18, 2013
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
And Counter-Defendant
e.Digital Corporation
e.Digital Corporation
Dated: December 18, 2013
GREENBERG TRAURIG, LLP
By: /s/ Sarah Barrows
Sarah Barrows
Stephen Ullmer
James J. DeCarlo
Kevin J. O’Shea
Attorneys for Defendant
And Counter-Claimant
Apple Inc.
