e.Digital Corporation v. Microsemi Corporation

• Assigned to: Judge Marilyn L. Huff
• Referred to: Magistrate Judge Bernard G. Skomal
• Related Case: 3:13−cv−02907−H−BGS
• Cause: 35:271 Patent Infringement

05/29/2015 15 AMENDED COMPLAINT with Jury Demand FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Microsemi Corporation, filed by e.Digital Corporation. (Attachments: # 1 Exhibit A to First Amended Complaint)New Summons Requested. (Handal, Anton) (Entered: 05/29/2015)

05/29/2015 16 Minute ORDER: On February 13, 2015, Plaintiff e.Digital Corporation filed a complaint against Microsemi Corporation. (Doc. No. 1 .) On May 15, 2015, Microsemi Corporation filed a motion to dismiss the complaint. (Doc. No. 12 .) On May 29, 2015, Plaintiff filed a first amended complaint. (Doc. No. 15 .) "As a general rule, when a plaintiff files an amended complaint, the amended complaint supercedes the original, the latter being treated thereafter as non−existent." Rhodes v. Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010). In light of the amended complaint, the motion to dismiss appears to be moot. Accordingly, the Court denies the motion to dismiss as moot and vacates the hearing scheduled for June 15, 2015. SO ORDERED on 5/29/2015 by Judge Marilyn L. Huff. (no document attached) (smy) (Entered: 05/29/2015)