UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Hewlett-Packard Company,
Defendant.
Case No. 3:15-cv-00333-BEN-BGS
JOINT MOTION RE:
STIPULATED ORDER OF
DISMISSAL AS TO ALL CLAIMS
AS TO DEFENDANT HEWLETTPACKARD
COMPANY
Assigned to the Honorable
Judge Roger T. Benitez
Courtroom 5A (5th Floor -
Schwartz)
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF CALIFORNIA:
Plaintiff e.Digital Corporation (“Plaintiff”) and Defendant Hewlett-Packard
Company (“Hewlett-Packard” or “Defendant”) hereby present this joint stipulation
and notice of dismissal. Plaintiff and Defendant are referred to collectively
hereafter as the “Parties.”
WHEREAS, Defendant Hewlett-Packard filed an answer (Docket # 16) to
the Complaint (Docket #1) on or about April 27, 2015 but did not assert any counterclaims. Hewlett-Packard is the only defendant in this action.
The Parties hereby stipulate and agree as follows:
1) e.Digital Corporation hereby voluntarily dismisses all claims brought in this matter against Defendant Hewlett-Packard WITH PREJUDICE
only;
2) e.Digital Corporation and Hewlett-Packard shall each bear their own
costs and attorneys’ fees with respect to one another in this matter;
and,
3) The Parties agree that this dismissal agreed to herein is intended to
only pertain to e.Digital’s alleged patent infringement claims with
respect to Claim 1 of the ‘108 patent and e.Digital’s patent
infringement claims as asserted in the Complaint (Docket #1).
Thus, it is thereby respectfully requested, in accordance with Federal Rules
of Civil procedure 41(a)(1)-(2), that the Court enter an order as follows:
1) e.Digital Corporation’s claims brought in this matter against
Defendant Hewlett-Packard are dismissed WITH PREJUDICE;
2) The Parties have agreed that this dismissal agreed to herein is
intended to only pertain to e.Digital’s alleged patent infringement
claims with respect to Claim 1 of the ‘108 patent and e.Digital’s
patent infringement claims as asserted in the Complaint (Docket #1).
3) e.Digital Corporation and Hewlett-Packard shall each bear their own
costs and attorneys’ fees with respect to one another in this matter.
Pursuant to Local Civil Rule 7.2, the parties hereto will separately submit a
Proposed Order granting the relief requested.

HANDAL & ASSOCIATES
750 B. STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
HANDAL & ASSOCIATES
Dated: July 13, 2015 By: /s/ Pamela C. Chalk
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
e.Digital Corporation
DLA PIPER LLP (US)
Dated: July 13, 2015 By: /s/ Erin P. Gibson
Erin P. Gibson
Sean C. Cunningham
Jacob D. Anderson
Brent K. Yamashita
Attorneys for Defendant
Hewlett-Packard Company