Re: Collateral estoppel applied to claim limitation despite intervening reexaminatio

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doni

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Re: Collateral estoppel applied to claim limitation despite intervening reexaminatio

posted on Dec 19, 2014 02:12PM

Water under the bridge, as far as that article and others go regarding the appeal process..the recent claims construction now supersedes the appeal....

Anyway...

I think the issues to watch are Micron(LEXAR) and SNDK...neither of which have come to terms yet.

Settlement issues of 774 only SNDK

10/22/2013	53	NOTICE of Joinder by SanDisk Corporation of Motion to Stay Proceedings Pending Appeal (Kay, Randall) (aef). (Entered: 10/22/2013)
10/23/2013	54	Joint MOTION to Dismiss Claims and Counterclaims Re: '774 Patent Only by e.Digital Corporation. (Hedrick, Gabriel)(aef). (Entered: 10/23/2013)
10/25/2013	55	ORDER Granting 54 Joint Motion Re: Voluntary Dismissal of Claims and Counterclaims as to the '774 Patent Only. It is hereby ordered: e.Digital's claims of infringement of the 774 patent only are dismissed with prejudice; SanDisk'scounterclaims as to the 774 patent only are dismissed without prejudice; and Each side shall bear their own attorneys' fees and costs, and waive any recovery of same, in connection with the dismissals herein only. Signed by Judge Dana M. Sabraw on 10/25/2013. (jao) (Entered: 10/25/2013)

SNDK is going to be hammered by 108....and 737 is to be settled as well

Last entries SNDK...

01/06/2014	62	Minute Order: The Joint Ex Parte Motion For Continuance of Early Neutral Evaluation Conference (Doc. # 61 ) is granted. The date and time of the Early Neutral Evaluation Conference on January 10, 2014 at 9:00 AM is vacated and reset for February 21, 2014 at 2:00 PM. On or before February 14, 2014, counsel shall submit Early Neutral Evaluation Conference statements to the chambers of Magistrate Judge Gallo. Signed by Magistrate Judge William V. Gallo on 1/6/2014. (aef)(jrd) (Entered: 01/06/2014)
01/07/2014	63	ORDER granting Motions to Amend or Correct Judgments and Stay Actions pending Appeal. Defendants' motions to amend or correct stipulated partial judgments and for stay pending appeal are granted as follows: The Court finds there is no just reason for delay to enter final judgment in case nos. 12cv2899 (GoPro), 13cv23 (Pantech), 13cv781 (Blackberry) and 13cv782 (ZTE) with respect to the claims adjudicated in their respective stipulated partial judgments. The stipulated partial judgments in case nos. 12cv2899 (GoPro), 13cv23 (Pantech), 13cv781 (Blackberry) and 13cv782 (ZTE) are hereby amended by replacing the language that "this Stipulated Partial Judgment of Non-Infringement is not final judgment pursuant to Federal Rule of Civil Procedure 54(b)," or language to the same effect, with the following sentence, "For the reasons stated in the Order Granting Motions to Amend or Correct Judgment and Staying Actions Pending Appeal, the Court finds no just reason for delaying entry of final judgment. Accordingly, this Stipulated Partial Judgment of Non Infringement is final pursuant to Federal Rule of Civil Procedure 54(b)." All further proceedings in case nos. 12cv2698 (SanDisk), 12cv2899 (GoPro), 13cv23 (Pantech), 13cv781 (Blackberry) and 13cv782 (ZTE) are stayed pending appeal of case no. 13cv783 (Huawei). If appeal is dismissed and if no other appeals from the partial final judgments are filed, the parties shall jointly notify the Court no later than February 27, 2014.Signed by Judge Dana M. Sabraw on 1/7/2014.(aef) (Entered: 01/07/2014)
01/08/2014	64	Minute Order: The Early Neutral Evaluation Conference set for February 21, 2014 at 2:00 PM is vacated. Signed by Magistrate Judge William V. Gallo on 1/8/2014.(aef)(jrd) (Entered: 01/08/2014)
01/24/2014	65	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Motion Hearing) held on 12/20/2013, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/14/2014. Redacted Transcript Deadline set for 2/24/2014. Release of Transcript Restriction set for 4/24/2014. (Transcript filed in the following case numbers: 12-cv-02698-DMS-WVG, 12-cv-02899-DMS-WVG, 13-cv-00023-DMS-WVG, 13-cv-00781-DMS-WVG, 13-cv-00782-DMS-WVG.) (akr) (Entered: 01/27/2014)

They are now negotiating on something big ...and e.Digital is holding the cards.

===========================================

Last entry for Micron(LEXAR)...no change....

"The Court reminds the parties that the Claims Construction hearing for this subset of the consolidated cases is scheduled for February 27, 2015 at 9:00 a.m."

LEXAR is the so called firmware competition to e.Digital....e.Digital is holding the cards in this stand off as well....same claims construction issues...