Re: Samsung
posted on
Dec 10, 2014 11:48AM
At a glance
e.DIGITAL CORPORATION RETAINS DUANE MORRIS LLP FOR LICENSE ENFORCEMENT OF FLASH MEMORY PATENT PORTFOLIO
( SAN DIEGO , CA – March 28, 2007) -
Suit 1 filed 9-7-2007
1) VIVITAR-pending...waiting on decision to consolidate to Suit 2(now defendant 15 of Suit 3)
Vivitar Markman Hearing is scheduled for May 2010.
ORDER denying 30 Motion to Consolidate Cases. Motion to consolidate cases is denied without prejudice as to re-urging should the case be reopened after the bankruptcy proceeding. Signed by Magistrate Judge Charles Everingham on 3/25/09. (ehs, ) (Entered: 03/25/2009)
License #.... order of settlement notice #
license 1...1) LG ELECTRONICS USA-- DONE with prejudice (doc92 JOINT MOTION TO DISMISS 10/14/08/order missing{7 months}) PR9/25/2008(no name mention) "announced today that a major electronics manufacturer has purchased the first license for itsFlash-R™ patent portfolio. Under the terms of the confidential licensing and settlement agreement, e.Digital is receiving a one-time licensing fee and cross-license rights to certain patents covering multimedia-related products.",10Q 2008-11-14
license 2... 2) CASIO AMERICA--DONE with prejudice (doc104 JOINT MOTION FOR PARTIAL STAY 11/21/08, final motion122 /order missing, {8 months})..PR12/2/2008 "announced today that it has entered into a settlement and cross-licensing agreement with Casio. Under the terms of the confidential agreement, Casio obtained a license and release on all e.Digital foreign and domestic patent rights, including the Company's Flash-R™ patent portfolio, and e.Digital obtained a license and release on any Casio patents that cover e.Digital's current product line." 10Q 2009-02-10
license 3...3) NIKON-- DONE with prejudice (doc118 JOINT MOTION FOR PARTIAL STAY 12/17/08, final motion/order... missing{9 months})...PR1/8/2009 (no name mention) "announced today that another company has licensed its Flash-R™ patent portfolio.Under the terms of the confidential licensing and settlement agreement, e.Digital is receiving a one-time licensing fee." (no name mention) FlashR, 10Q 2008-12-31/filed 2009-02-10
license 4...5) SANYO NORTH AMERICA--DONE with prejudice (doc 128 JOINT MOTION FOR PARTIAL STAY 2/5/09, final motion/order... missing{10 months})...PR3/5/ 2009(no name mention)"announced its fourth Flash-R™ patent portfolio license and settlement agreement. Under the terms of the confidential agreement, e.Digital received a one-time licensing fee"./10Q 2009-06-13year end to be a Panasonic entity
license 5...6) AVID ELECTRONICS--DONE with prejudice (doc 130 JOINT MOTION FOR PARTIAL STAY 2/6/09, final motion/order....missing{10 months})...PR3/17/2009(no name mention)"announced today its fifth Flash-R™ patent portfolio license and settlement agreement. Under the terms of the confidential agreement, e.Digital received a one-time licensing fee and cross licensed certain patents from the undisclosed company." FlashR/Xlicense certain patents, 10Q 2009-06-13 year end
license 6...4) OLYMPUS AMERICA--DONE with prejudice (doc 127 JOINT MOTION FOR PARTIAL STAY 2/3/09, final motion 152 /order missing{10 months})...PR4/1/2009 "announced today that it has entered into a licensing and settlement agreement with Olympus. Under the terms of the confidential agreement, Olympus obtained a license and release on all e.Digital foreign and domestic patent rights, including the Company's Flash-R™ patent portfolio, and e.Digital received a one-time licensing fee.", 10Q 2009-06-13 year end
license 7...7) SAMSUNG ELECTRONICS AMERICA-DONE...with prejudice (doc 177 JOINT MOTION FOR DISMISSAL 10/21/09 {19 months})...PR10/22/2009 "announced today that it has entered into a cross licensing and settlement agreement with Samsung Electronics Co, Ltd. (Samsung). Under the terms of the confidential agreement, Samsung obtained a license and release on e.Digital's foreign and domestic patent rights, including the Company's Flash-R™ patent portfolio, and e.Digital obtained a license and release on certain Samsung patents. e.Digital also received a one-time licensing fee."( foreign and domestic patents including FlashR/Xlicense certain patents,),10Q 2009-11-16
Nikon et al case, the Markman Hearing is scheduled for Feb 2010.
Arbitration date Dec. 20, 2009
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SUIT 3 filed: 11-2-2009 19 defendants
License #... defendant #)... over all..... order of settlement # this case......defendant # this case
license 8... 8)...license 1...19. Referred to as “WOLVERINE” ( TIC Company, Inc.)( WOLVERINE DATA)-DONE without prejudice (doc 9 NOTICE OF DISMISSAL..12/10/2009, no follow up court doc {1.26 months})...PR12/10/2009 "announced today that it has entered into a royalty bearing license and settlement agreement with TIC Computer, Inc. doing business as Wolverine Data (Wolverine). Under the terms of the confidential agreement, Wolverine has agreed to make an undisclosed lump sum payment for past infringing sales and to pay a royalty for any on-going sales of products that practice e.Digital's U.S. Patent 5,491,774" ..),10Q 3rd 2010....fee to be paid in Nov...settled prior to 737 amendment. "We are pleased to announce our first royalty bearing '774 license agreement and the first settlement from our recently filed round of infringement actions,"
license 9...9)...license 2...6. Referred to as IKEGAMI -DONE without prejudice (doc 197 NOTICE OF DISMISSAL/ 199 02/26/2010, {3.86 months})...PR03/01/2010 "announced today that it has entered into a royalty bearing license and settlement agreement with Ikegami Electronics (USA) (Ikegami). Under the terms of the confidential agreement, Ikegami has obtained a license and release on all e.Digital foreign and domestic patent rights and has agreed to pay an on-going royalty for the licensed rights." ,10Q 4th 2010...settled prior to 737 amendment. "We are pleased to have entered into our second royalty bearing license agreement from our recently filed round of Flash-R related cases,"
license 10...10)...license 3...14. Collectively referred to as Roland 23. Roland Systems Group US...24. Roland Corporation.-DONE with prejudice (doc 208 NOTICE OF DISMISSAL/ 03/08/2010, no follow up court doc.{4.2 months})...PR03/01/2010 "announced today that it has entered into a license and settlement agreement with Roland Systems Group and Roland Corporation (Roland). Under the terms of the confidential agreement, Roland obtained a license and release on the Company's Flash-R™ patent portfolioand paid e.Digital a one-time licensing fee.",10Q 4th 2010...settled prior to 737 amendment. "We are pleased to have entered into our 10th Flash-R portfolio related licensing and settlement agreement,"
license 11...11)...license 4...17. referred to as “TEAC”(“Tascam”) 29.TEAC America, Inc. DONE with prejudice (doc 376 JOINT MOTION FOR DISMISSAL / 377 3-1-2011)...PR 2 -28-2011 announced today that it has entered into a license and settlement agreement with TEAC America, Inc. (TEAC). Under the terms of the confidential agreement, TEAC obtained a license and release on the Company's Flash-R™ patent portfolio and paid e.Digital a one-time licensing fee. about "We are pleased to have entered into our 11thFlash-R portfolio related licensing and settlement agreement,"
(suspended 12)...............13. referred to as “Summit”. (“Polaroid”) 22. Summit Global Group, LLC.,terminated 1-26-10 order unknown 22.1 Summit Technology Group, LLC...DONE Pacer release first: without prejudice ...NO press (doc 389 JOINT MOTION TO DISMISS / 390...06/07/2011) Joint MOTION to Dismiss Party by Plaintiff and by Defendant Summit Technology Group, LLC. (Attachments: # 1 Proposed Order (PDF Only)) (Parkinson, David) (Entered: 06/07/2011) ....Defendant filing motion...not so positive, however, without prejudice positive
license 12...13)...license 5...1. collectively referred to as “Pentax” 1. HOYA Corporation , 2. HOYA Corporation USA, and 34. Pentax of America, Inc. DONE.. PRESS release first: . with prejudice (doc 391 JOINT MOTION TO DISMISS / 393 6-24-2011) {?months})...PR6/20/2011 "announced today that it has entered into a license and settlement agreement with Hoya Corporation and Hoya Corporation USA (Hoya) which includes Hoya subsidiary, Pentax of America, Inc. (Pentax). Under the terms of the confidential agreement, Hoya and Pentax jointly obtained a license and release on the Company's Flash-R™ patent portfolio and paid e.Digital a one-time licensing fee. "We are pleased to report in our first fiscal quarter of 2012 the 12th Flash-R portfolio related licensing and settlement agreement,"
6-21-11 PR In June 2011 the Company licensed one additional company.
Markman opinion dated.... 6-28-2011....filed 6-28-2011
license 13...14)...license 6...12. collectively referred to as “Panasonic” 26. Panasonic Corporation of North America....27. Panasonic Corporation...DONE.. PRESS release first: . with prejudice (doc 397 pursuant to the notice of dismissal or stipulation to dismiss 06/28/2011 {? months})...PR6/28/2011 announced today that it has entered into a license and settlement agreement with Panasonic Corporation (Panasonic). Under the terms of the confidential agreement, Panasonic obtained a license and release on the Company's Flash-R™ patent portfolio. "We are pleased to have entered into our 13th Flash-R portfolio related licensing and settlement agreement," ...397..Party Leica Camera, Inc., Panasonic Corporation, Panasonic Corporation of North America, terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 06/28/2011. Text only entry - no document attached. (wjc, ) (Entered: 06/29/2011)...Notes: 16. Leica Camera AG (Terminated without prejudice 01/29/2010)... open condition.
license 14...14.1)...license 7...9. collectively referred to as “Leica”. 15. Leica Camera, Inc ....16. Leica Camera AG (Terminated without prejudice 01/29/2010).DONE.. PRESS release first: . with prejudice (doc 397 pursuant to the notice of dismissal or stipulation to dismiss 06/28/2011 {? months})...PR6/28/2011 announced today that it has entered into a license and settlement agreement with Panasonic Corporation (Panasonic). Under the terms of the confidential agreement, Panasonic obtained a license and release on the Company's Flash-R™ patent portfolio. "We are pleased to have entered into our 13th Flash-R portfolio related licensing and settlement agreement," ...397..Party Leica Camera, Inc., Panasonic Corporation, Panasonic Corporation of North America, terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 06/28/2011. Text only entry - no document attached. (wjc, ) (Entered: 06/29/2011)...Notes: 16. Leica Camera AG (Terminated without prejudice 01/29/2010)...open condition.
Markman response joint "STATEMENT"....7-28-11....filed 7-28-11....as of SHM 9-1-2011....737 will not be opinioned...
license 15...15)...license 8...2. collectively referred to as “Canon” 3. Canon, Inc. 4. Canon USA, Inc. DONE.. PRESS release first: . with prejudice ? (doc 398 agreement in principle / 399 JOINT MOTION TO DISMISS /401 08/17/2011) {? months})...PR8/17/2011 "announced today that it has entered into a license and settlement agreement with Canon Inc. and Canon U.S.A., Inc. (Canon). Under the terms of the confidential agreement, Canon obtained a license and release on the Company's Flash-R™ patent portfolio and paid e.Digital a one-time licensing fee. "We are pleased to have entered into our 15th Flash-R portfolio related licensing and settlement agreement,"
license 16...16)... license 9...5. collectively referred to as “HTC”. 9. HTC America, Inc....8. HTC Corporation DONE.. Pacer release first: . with prejudice (doc 402 JOINT MOTION TO DISMISS 8/31/11 403 8/31/11) {? months})...PR8/31/2011"announced today that it has entered into a license and settlement agreement with HTC America, Inc. and HTC Corporation (HTC). Under the terms of the confidential agreement, HTC obtained a license and release on the Company's Flash-R™ patent portfolio and paid e.Digital a one-time licensing fee..
license 17...17)...license 10...10. collectively referred to as “Marantz”. 17. Marantz America, Inc....18. D & M Holdings, Inc...19. D & M Holdings US, Inc. DONE.. PRESS release first: . with prejudice (doc 404 JOINT MOTION TO DISMISS 9/7/11 406 9/8/11) {? months})...PR9/7/2011 ". announced today that it has entered into a license and settlement agreement with D&M Holdings, Inc. (D&M). Under the terms of the confidential agreement, D&M obtained a license and release on the Company's Flash-R™ patent portfolio and paid e.Digital a one-time licensing fee. "We are pleased to have entered into our 17th Flash-R portfolio related licensing and settlement agreement," 10 th CO + Texas 7 = 17
(dismissed .18)....................7. referred to as “Imation”. 10. Imation Corporation DONE.. Pacer release first: . with prejudice (doc 405 JOINT MOTION TO DISMISS 9/7/11 407 9/8/11) {? months})...NO PR " Joint MOTION to Dismiss Party Imation Corporation With Prejudice by Defendant Imation Corporation, Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only)) (Forte, Jennifer) (Entered: 09/07/2011)....plaintiff filing motion...positive
(dismissed 19)...................15. referred to as “Sakar” 25. Sakar International, Inc. (Vivitar brands) DONE.. Pacer release first: . with prejudice (doc 408 JOINT MOTION TO DISMISS 9/9/11 409 9/12/11) {? months})...NO PR " Joint MOTION to DismissParty Sakar International, Inc. With Prejudice by Defendant Sakar International, Inc., Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only)) (Forte, Jennifer) (Entered: 09/09/2011)....plaintiff filing motion...positive
RE: 10Q 11-10-11.."As of September 30, 2011 we had licensed and settled with ten defendants, suspended the complaint against one defendant, and dismissed with prejudice, two additional defendants. Subsequent to September 30, 2011, we entered into two licensing and settlement agreements (see 18 and 19) related to the Flash-R portfolio. The remaining four defendants were dismissed with prejudice, thereby ending the Colorado patent litigation case." For this statement, review overall license order and by case license order...everything is accounted for. This statement is positioned within the order of events.
( dismissed 20).............11. collectively referred to as “Nokia”. 20. Nokia Corporation...21. Nokia, Inc. DONE.. Pacer release first: . with prejudice (doc 410 JOINT MOTION TO DISMISS 10/10/11 & order 411 10/11/11) {? months})...NO PR " Joint MOTION to Dismiss Party Nokia Inc. and Nokia Corporation, With Prejudice by Defendants Nokia Corporation, Nokia, Inc., Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only)) (Forte, Jennifer) (Entered: 10/10/2011)....plaintiff filing motion...positive
( dismissed 21).............8. collectively referred to as “Kyocera”. 11. Kyocera Communications, Inc..12. Kyocera International, Inc..13. Kyocera Wireless, Inc (Terminated without prejudice 2-12-10)..13.1 Kyocera Wireless Corporation...14. Kyocera Corporation. DONE.. Pacer release first: . with prejudice (doc 413 JOINT MOTION TO DISMISS 10/19/2011 & order 415 ) {? months})...NO PR " Joint MOTION to Dismiss Party Kyocera Communications, Inc., Kyocera Wireless Corporation, Kyocera International, Inc. and Kyocera Corporation, With Prejudice, by Defendants Kyocera Communications, Inc., Kyocera Corporation, Kyocera International, Inc., Kyocera Wireless Corporation, Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Forte, Jennifer) (Entered: 10/19/2011)....plaintiff filing motion...positive
( dismissed 22)...........16. referred to as “Samson” 28. Samson Technologies Corp. DONE.. Pacer release first: . with prejudice (doc 414 JOINT MOTION TO DISMISS 10/19/2011 & order 416 ) {? months})...NO PR " Joint MOTION to Dismiss PartySamson Technologies Corp., With Prejudice, by Defendant Samson Technologies Corp., Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Forte, Jennifer) (Entered: 10/19/2011)....plaintiff filing motion...positive
( dismissed 23)..........18. referred to as “VTECH” 30.VTECH Electronics North America, LLC. DONE.. Pacer release first: . with prejudice (doc 418 STIPULATED MOTION TO DISMISS 10/24/2011 & order 419 ) {? months})...NO PR " Stipulated MOTION to Dismiss Party VTech Electronics North America, LLC by Defendant VTech Electronics North America, LLC, Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Forte, Jennifer) (Entered: 10/24/2011)....plaintiff filing motion...positive
license 18...24)...license 11...4. collectively referred to as “DXG”. 6. DXG Technology,(USA) Inc. 7. DXG Technology, Inc. (Terminated without prejudice 01/29/2010) 7.1 DXG Technology Corporation, DONE.. Pacer release first: . with prejudice (doc 420 JOINT MOTION TO DISMISS 10/25/2011 & order ) {? months})... PR10/26/11 "announced today that it has entered into license and settlement agreements with Coby Electronics Corporation and DXG Technology (U.S.A.), Inc. Under the terms of the confidential agreements, Coby and DXG each obtained a license and release on the Company's Flash-R™ patent portfolio and paid e.Digital a one-time licensing fee.", " Joint MOTION to Dismiss Party DXG Technology (U.S.A.), Inc. and DXG Technology Corporation, With Prejudice, by Defendants DXG Technology (U.S.A.), Inc., DXG Technology Corporation, Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Forte, Jennifer) (Entered: 10/25/2011)...plaintiff filing motion...positive...notes:7. DXG Technology, Inc. (Terminated without prejudice 01/29/2010) still has open issue.
license 19...25)...license 12..3. referred to as “Coby”. 5. Coby Electronics.. DONE.. with prejudice (doc 421 JOINT MOTION TO DISMISS 10/26/2011 & order ) {? months})... PR 10/26/11 "announced today that it has entered into license and settlement agreements with Coby Electronics Corporation and DXG Technology (U.S.A.), Inc. Under the terms of the confidential agreements, Coby and DXG each obtained a license and release on the Company's Flash-R™ patent portfolio and paid e.Digital a one-time licensing fee." "We are pleased to have entered into our 18th and 19th Flash-R portfolio related licensing and settlement agreements," said Fred Falk,.... ", "Joint MOTION to Dismiss Party Coby Electronics Corp., With Prejudice, by Defendant Coby Electronics Corp., Plaintiff e.Digital Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Forte, Jennifer) (Entered: 10/26/2011)...plaintiff filing motion...positive...
If you review in my ordered list above, you will see RE: 10Q 11-10-11.."As of September 30, 2011 being the closing statement of the Colorado case. It claims to have closed 10 licenses as of September 30, 2011. My ID numbering of licenses can be identified by overall order of license, as well as for each case order of license. If you review the order of licenses for this case you can count 10 licenses, if license 7 (Leica) is counted as a separate license from the collectively referred to as “Panasonic” defendant. There is confusion with regard to Panasonic and Leica....as Leica was identified as a separate defendant, however, it combined into the Panasonic litigation process and closure. "..Party Leica Camera, Inc., Panasonic Corporation, Panasonic Corporation of North America, terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 06/28/2011. " That noted, only one license was identified in PR..."We are pleased to have entered into our 13th Flash-R portfolio related licensing and settlement agreement,". Regarding the 10Q statement, you can only get to 10 licenses if Leica is counted as a license. Now if you review my over all license order, license 13 covers the closure of the Panasonic issues over all where Leica is part of that license. IMO, Leica is the 14th unknown license as the "As of September 30, 2011 would indicate.
The end of publicized settlements...note the companies dismissed post ruling
doni