This intentional act should bring to the attention of Trustees & judge for Chapter 7
in response to
by
Message: Delaware Trustee Motion for Dismissal Filing
In july 6, e.DIGITAL filed for Chapter 7 bankruptcy. If you do your due diligence and read all the Pacer that has been posted in past you will find These 3 cases of litigation where very close to plausible settlement . Two of cases closed with sudden voluntarily dismissal in July, 5 and the last one in August ,24, again with voluntarily dismissal ! Did they intentionally forced the litigation council to not pursue these cases in order to satisfy Trustee to facilitate chapter 7 Bankruptcy? It appears very obvious
e.Digital Corporation, Plaintiff,
v.
Utility Associates, Inc., Defendant.
Case No. 3:16-cv-06945-JST.
United States District Court, N.D. California.
July 5, 2017.e.Digital Corporation, Plaintiff, represented by Anton N. Handal, Greenspoon Marder LLP.
e.Digital Corporation, Plaintiff, represented by Gabriel Hedrick, Greenspoon Marder LLP & Lauren Gail Kane, Greenspoon Marder LLP.
Utility Associates, Inc., Defendant, represented by Karen I. Boyd, Turner Boyd LLP & Stephen M. Schaetzel, Meunier Carlin & Curfman, LLC, pro hac vice.
ORDER ON STIPULATION OF DISMISSAL
JON S. TIGAR, District Judge.
Having considered the parties' Stipulation of Dismissal, the Court hereby ORDERS as follows:
All claims of infringement that Plaintiff raised or could have raised in this action are dismissed WITH PREJUDICE. All claims, defenses, or counterclaims that Defendant raised or could have raised in this action are dismissed WITHOUT PREJUDICE. Each party will bear its own costs and attorneys' fees.
IT IS SO ORDERED.
---------------------------------------------------------------------------------------------
NETGEAR, INC.
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (CONTINUED)
e.Digital v. NETGEAR, Inc.
On September 12, 2016, e.Digital Corporation (e.Digital) filed a lawsuit against the Company in the Northern District of California accusing the Company of infringing U.S. Patent Nos. 8,311,522 (“the ’522 patent”); 8,311,524 (“the ’524 patent”); 9,002,331 (“the ’331 patent”); and 9,178,983 (“the ’983 patent”) (collectively, the “patents-in-suit”), which purportedly cover systems and methods for the remote detection, classification, and communication of sensor data. In the Complaint, e.Digital broadly accuses the Company’s Arlo wireless camera systems, including the Arlo Wire-Free, Arlo Q, and Arlo Q Plus cameras (collectively, the “Accused Products”). The allegations are generally directed at the “remote monitoring and communication” functionality of the Accused Products. Specifically, the Complaint alleges that the Accused Products infringe the patents-in-suit by utilizing sensors-such as cameras and microphones-to collect data and perform various operations-such as send alerts, trigger video recording, or take a snapshot-in response to a classification of the collected sensor data.
Beginning with a lawsuit against Dropcam in July, 2014, e.Digital has litigated the patents-in-suit, and related portfolio, against a handful of other companies with products similar to the Arlo wireless camera systems. The previous litigation includes the lawsuit against Dropcam along with suits against ArcSoft, Inc., ShenZhen Gospell Smarthome Electronic Co., Ltd., iBaby Labs, Inc., iSmart Alarm, Inc., MivaTek International, Inc., MyFox, Inc., and Nest. Concurrent with the filing of the instant complaint against the Company, e.Digital also filed similar suits against Netatmo LLC and Y-Cam Solutions, LLC. The Company submitted its answer to the e.Digital complaint in early November 2016, denying the infringement allegations and asserting several defenses. Discovery is ongoing.
It is too early to reasonably estimate any financial impact to the Company resulting from this litigation matter.
e.Digital Corporation, Plaintiff,
v.
NETGEAR, Inc., Defendant.
Case No. 3:16-cv-05211-JST.
United States District Court, N.D. California.
July 5, 2017.e.Digital Corporation, Plaintiff, represented by Gabriel Hedrick, Greenspoon Marder LLP.
e.Digital Corporation, Plaintiff, represented by Anton N. Handal, Greenspoon Marder LLP & Lauren Gail Kane, Greenspoon Marder LLP.
Netgear, Inc., Defendant, represented by Ryan R. Smith, Wilson Sonsini Goodrich & Rosati & Mary A. Procaccio-Flowers, Wilson Sonsini Goodrich Rosati.
ORDER ON STIPULATION OF DISMISSAL
JON S. TIGAR, District Judge.
Having considered the parties' Stipulation of Dismissal, the Court hereby ORDERS as follows:
All claims of infringement that Plaintiff raised or could have raised in this action are dismissed WITH PREJUDICE. Defendant has not raised any claims or counterclaims; however, Defendant's defenses are dismissed WITHOUT PREJUDICE. Each party will bear its own costs and attorneys' fees.
IT IS SO ORDERED.
------------------------------------------------------------------------------------------------
| Date Filed | # | Docket Text |
|---|---|---|
| 06/22/2017 | 30 | NOTICE by e.Digital Corporation of Settlement and Request to Stay All Pending Motions, Hearings and Deadlines (Attachments: # 1 Proposed Order)(Hedrick, Gabriel) (Filed on 6/22/2017) (Entered: 06/22/2017) |
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
v.
Y-CAM SOLUTIONS, LLC,
Defendant.
Case No. 16-cv-05215-JST
ORDER TO FILE STIPULATION OF DISMISSAL
Re: ECF No. 30
The parties have filed a Notice of Settlement. See ECF No. 30. By August 25, 2017, the parties shall file either a stipulation of dismissal or a one-page joint statement explaining why they were unable to file such a stipulation.
The Court also hereby sets a case management conference on September 13, 2017. That conference will be vacated automatically if a stipulation of dismissal is timely filed.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Y-Cam Solutions, LLC,
Defendant.
Case No. 3:16-cv-05215-JST
NOTICE OF VOLUNTARY DISMISSAL
WITHOUT PREJUDICE
(Fed. R. Civ. P. 41(a)(1))
Assigned to the Hon. Jon S. Tigar
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA:
WHEREAS, the sole Defendant in this matter has not filed an answer or otherwise responded to the Complaint filed in this action.
NOTICE IS HEREBY GIVEN OF THE FOLLOWING:
Pursuant to Fed. R. Civ. P. 41(a)(1), Plaintiff e.Digital Corporation (“Plaintiff”) hereby voluntarily dismisses all claims made in this action WITHOUT PREJUDICE.
Respectfully submitted.
GREENSPOON MARDER LLP
Dated: August 24, 2017 By: /s/ Gabriel G. Hedrick
Gabriel G. Hedrick
Attorneys for Plaintiff
e.DIGITAL CORPORATION
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