e.Digital Appeals Collateral Estoppel Court Ruling
October 09 2013 - 10:30AM
Marketwired
e.Digital Appeals Collateral Estoppel Court Ruling
SAN DIEGO, CA--(Marketwired - Oct 9, 2013) - e.Digital
Corporation (OTCQB: EDIG), a long standing source of innovation and
future-defining patented technologies, today announced that it has,
through its law firm Handal & Associates, filed a notice of
appeal to the Federal Circuit Court of Appeals, formally
challenging the ruling by the Honorable Judge Dana Sabraw to apply
the collateral estoppel doctrine in e.Digital's recent string of
cases to enforce its Flash-R™ patent portfolio.
e.Digital filed multiple law suits in the Federal Court in and
for the Southern District of California asserting claims of patent
infringement against several companies. The defendants as a group
filed a joint motion asking the District Court to prevent the
Company from relitigating the meaning of certain terms of the
Company's US Patent No. 5,491,774 ("the '774 patent") and US Patent
No. 5,839,108 ("the '108 patent") as defined by the judge in the
Company's 2010 Colorado litigation against a separate group of
defendants. The Company's law firm opposed the motion on a number
of grounds. If successful, the Company's appeal will require the
District Court to take a fresh look at the meaning of those claim
terms and allow e.Digital to argue a different meaning of certain
claim terms in light of, among other things, proceedings before the
U.S. Patent and Trademark Office that took place after the
conclusion of the Colorado case. A reversal of Judge Sabraw's
collateral estoppel ruling could also have a substantial impact on
unresolved cases by potentially requiring the Court to hold a new
claim construction hearing on the disputed terms of the '774 patent
and the '108 patent.
"e.Digital takes very seriously its obligations to its
shareholders and will therefore take every step it can to defend
the Company's intellectual properties," said Fred Falk, president
and CEO of e.Digital.
About e.Digital Corporation: For more than 20 years, e.Digital's
ideas and inventions have impacted the evolution of consumer
products. Today, e.Digital innovations, including its Flash-R™
portfolio of flash memory-related patents, are essential to many
portable consumer electronic products. The Company pioneered
dedicated portable in-flight entertainment systems and more than 30
airlines have made e.Digital powered products their in-flight
entertainment choice. For more information about e.Digital, please
visit: www.edigital.com.
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Reform of 1995: All statements made in this document, other than
statements of historical fact, are forward-looking statements
within the meaning of Section 21E of the Securities Exchange Act.
You should not place undue reliance on these statements. We base
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