e.Digital Corporation v. Intel Corporation

Application Number	Patent Number	External Links
-	US5839108	Espacenet Google Patents

COMPLAINT with Jury Demand against Intel Corporation (filing fee $400 receipt number 0974-6562506), filed by e.Digital Corporation. (Attachments: # 1 Exhibit A, # 2 Civil Case Cover Sheet).The new case number is 3:13-cv-2905-GPC-BLM. Judge Gonzalo P. Curiel and Magistrate Judge Barbara Lynn Major are assigned to the case. (Chalk, Pamela)(dls)(av1). (Entered: 12/05/2013)

2013-12-05

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Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dls) (Entered: 12/05/2013)

2013-12-05

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REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 5,839,108 cc: USPTO. (dls) (Entered: 12/05/2013)

2013-12-05

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NOTICE OF RELATED CASE(S) by e.Digital Corporation of case(s) 12-cv-2543, 12cv2571, 12cv2580, 12cv2696, 12cv2698, 12cv2701, 12cv2800, 12cv2801, 12cv2825, 12cv2877, 12cv2879, 12cv2891, 12cv2899, 12cv2997, 13cv00023, 13cv00112, 13cv00356, 13-cv-00780, 13-cv-00782, 13-cv-00783, 13-cv-00785. Proposed Low Number Order prepared. (srm) (Entered: 12/06/2013)

2013-12-05

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NOTICE of Appearance by Pamela Chalk on behalf of e.Digital Corporation (Chalk, Pamela) (srm). (Entered: 12/11/2013)

2013-12-11

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NOTICE of Appearance by Anton N Handal on behalf of e.Digital Corporation (Handal, Anton)Attorney Anton N Handal added to party e.Digital Corporation(pty:pla) (srm). (Entered: 12/11/2013)

2013-12-11

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ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Marilyn L. Huff and Magistrate Judge Bernard G. Skomal for all further proceedings. Judge Gonzalo P. Curiel, Magistrate Judge Barbara Lynn Major no longer assigned to case. Create association to 3:13-cv-02888-H-BGS. The new case number is 13-cv-02905-H-BGS. Signed by Judge Marilyn L. Huff on 12/20/13. Signed by Judge Gonzalo P. Curiel on 12/12/2013.(dlg)(jrd) (Entered: 12/23/2013)

2013-12-23

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Corporate Disclosure Statement by e.Digital Corporation. (Chalk, Pamela)(ag) (Entered: 01/09/2014)

2014-01-09

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NOTICE OF RELATED CASE(S) by e.Digital Corporation of case(s) Case No. 3:13-cv-02888-H-BGS; Case No. 3:13-cv-02889-H-BGS; Case No. 3:13-cv-02933-H-BGS; Case No. 3:13-cv-02890-H-BGS; Case No. 3:13-cv-02893-H-BGS; Case No. 3:13-cv-02932-H-BGS; Case No. 3:13-cv-02892-H-BGS; Case No. 3:13-cv-02894-H-BGS; Case No. 3:13-cv-02896-H-BGS; Case No. 3:13-cv-02898-H-BGS; Case No. 3:13-cv-02900-H-BGS; Case No. 3:13-cv-02899-H-BGS; Case No. 3:13-cv-02901-H-BGS; Case No. 3:13-cv-02902-H-BGS; Case No. 3:13-cv-02906-H-BGS; Case No. 3:13-cv-02911-H-BGS; Case No. 3:13-cv-02913-H-BGS; Case No. 3:13-cv-02907-H-BGS; Case No. 3:13-cv-02944-H-BGS; Case No. 3:13-cv-02914-H-BGS; Case No. 3:13-cv-02897-H-BGS; Case No. 3:13-cv-02912-H-BGS; Case No. 3:13-cv-02915-H-WMC; Case No. 3:13-cv-02916-H-BGS; Case No. 3:13-cv-02930-H-BGS; Case No. 3:13-cv-02946-H-BGS; Case No. 3:13-cv-02935-H-BGS; Case No. 3:13-cv-02934-H-BGS; Case No. 3:13-cv-02936-H-BGS; Case No. 3:13-cv-02937-H-BGS; Case No. 3:13-cv-02938-H-BGS; Case No. 3:13-cv-02939-H-BGS; Case No. 3:13-cv-02940-H-DHB; Case No. 3:13-cv-02909-H-BGS; Case No. 3:13-cv-02941-H-BGS; Case No. 3:13-cv-02943-H-BGS; Case No. 3:13-cv-02910-H-BGS; and, Case No. 3:13-cv-2942-H-BGS. Supplemental Notice Of Related Cases Filed By Plaintiff e.Digital Corporation. (Chalk, Pamela) Modified on 1/10/2014 to note that no low number order was prepared (ag). (Entered: 01/09/2014)

2014-01-09

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SUMMONS Returned Executed by e.Digital Corporation. Intel Corporation served. (Attachments: # 1 Cal Express Certificate of Service, # 2 Pamela Chalk Certificate of Service)(Chalk, Pamela) (ag). (Entered: 01/14/2014)

2014-01-14

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Ex Parte MOTION for Extension of Time to File Answer Or Otherwise Respond To The Complaint Until March 20, 2014 Or Whatever Date The Court Deems Just And Reasonable Under The Circumstances by e.Digital Corporation. (Attachments: # 1 Declaration Declaration of Pamela C. Chalk)(Chalk, Pamela)(ag). (Entered: 01/24/2014)

2014-01-24

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ORDER Granting 11 Ex Parte Motion for Extension of Time to Answer. Intel Corporation answer due 3/20/2014. Signed by Judge Marilyn L. Huff on 1/28/2014. (knb)(jrd) (Entered: 01/28/2014)

2014-01-28

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First AMENDED COMPLAINT with Jury Demand For Patent Infringement against Intel Corporation, filed by e.Digital Corporation. (Attachments: # 1 Exhibit Exhibit A to First Amended Complaint) (Chalk, Pamela) (ag). (Entered: 03/19/2014)

2014-03-19

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CERTIFICATE OF SERVICE by e.Digital Corporation re 13 Amended Complaint (Chalk, Pamela) (ag). (Entered: 03/19/2014)

2014-03-19

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PRO HAC VICE APPOINTED: Christopher M. Gerson appearing for Defendant Intel Corporation, Receipt # 61140. (jao) (Entered: 03/25/2014)

2014-03-25

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PRO HAC VICE APPOINTED: Todd M Friedman appearing for Defendant Intel Corporation, Receipt # 61142. (jao) (Entered: 03/25/2014)

2014-03-25

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PRO HAC VICE APPOINTED: Diwei Zhang appearing for Defendant Intel Corporation, Receipt # 61164. (jao) (Entered: 03/26/2014)

2014-03-26

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MOTION to Dismiss for Failure to State a Claim by Intel Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Christopher M. Gerson, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12)(Gerson, Christopher) (ag). (Entered: 03/28/2014)

2014-03-28

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NOTICE of Party With Financial Interest by Intel Corporation (Gerson, Christopher) (ag). (Entered: 03/28/2014)

2014-03-28

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PRO HAC VICE APPOINTED: Gregory S. Arovas appearing for Defendant Intel Corporation, Receipt # 61235. (jao) (Entered: 03/31/2014)

2014-03-31

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OBJECTION by e.Digital Corporation re 18 MOTION to Dismiss for Failure to State a Claim Plaintiff e.Digital Corporations Objections To The Declaration Of Christopher M. Gerson In Support Of Defendant Intel Corporation's Motion To Dismiss For Failure To State A Claim; And, Exhibits 1-12 Attached Thereto. (Chalk, Pamela) (srm). (Entered: 04/14/2014)

2014-04-14

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RESPONSE in Opposition re 18 MOTION to Dismiss for Failure to State a Claim Plaintiff e.Digital Corporations Memorandum Of Points And Authorities In Support Of Its Opposition To Defendant Intel Corporation's Motion To Dismiss For Failure To State A Claim filed by e.Digital Corporation. (Chalk, Pamela) (srm). (Entered: 04/14/2014)

2014-04-14

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REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim filed by Intel Corporation. (Gerson, Christopher) (ag). (Entered: 04/21/2014)

2014-04-21

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ORDER Submitting Defendant's 18 MOTION to Dismiss Plaintiff's First Amended Complaint. Signed by Judge Marilyn L. Huff on 04/22/2014.(ag) (Entered: 04/22/2014)

2014-04-22

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ORDER Denying 18 Motion to Dismiss Plainitiff's First Amended Complaint. Signed by Judge Marilyn L. Huff on 04/23/2014. (ag) (Entered: 04/24/2014)

2014-04-24

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ANSWER to 13 Amended Complaint, Affirmative Defenses, COUNTERCLAIM against e.Digital Corporation by Intel Corporation.(Gerson, Christopher) (ag). (Entered: 05/07/2014)

2014-05-07

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ANSWER to 26 Answer to Amended Complaint, Counterclaim Plaintiff And Counter-Defendant e.Digital Corporations Answer To Defendant And Counterclaimant Intel Corporations Counterclaims by e.Digital Corporation.(Chalk, Pamela) (ag). (Entered: 05/15/2014)

2014-05-15

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NOTICE AND ORDER for Early Neutral Evaluation Conference. A telephonic, attorneys only Early Neutral Evaluation is set for 7/25/2014 at 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 05/23/2014.(ag) (Entered: 05/23/2014)

2014-05-23

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NOTICE of Change of Address by Pamela Chalk (Chalk, Pamela) (ag). (Entered: 06/02/2014)

2014-06-02

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CONSOLIDATION ORDER. Cases Consolidated, 13-CV-2902-H-BGS. All future docketing will be done in the lead case. Signed by Judge Marilyn L. Huff on 06/04/2014.(All non-registered users served via U.S. Mail Service)(ag) (Entered: 06/04/2014)

2014-06-04

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MINUTE ORDER OF RECUSAL. Magistrate Judge Bernard G. Skomal is no longer assigned. Case reassigned to Magistrate Judge Barbara Lynn Major for all further proceedings. The new case number is 13cv2905-H(BLM) (no document attached) (tel) (Entered: 07/29/2014)

2014-07-29

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NOTICE of Appearance by Gabriel G. Hedrick on behalf of e.Digital Corporation (Hedrick, Gabriel)Attorney Gabriel G. Hedrick added to party e.Digital Corporation(pty:pla), Attorney Gabriel G. Hedrick added to party e.Digital Corporation(pty:cd) (ag). (Entered: 08/18/2014)

2014-08-18

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Minute ORDER: The Court has dismissed case 13-cv-2902-H (BLM), previously designated as the lead case in this subset of the consolidated action. Accordingly, the Court designates the next low number case in this group, 13-cv-2905-H (BLM), as the lead case. All future docketing in this consolidated matter will be done in the new lead case 13-cv-2905-H (BLM). If this low number case is dismissed, all future docketing in the consolidated matter will be done in the next low number case. The Court reminds the parties that the Claims Construction hearing for this subset of the consolidated cases is scheduled for January 9, 2015 at 9:00 a.m. Any stay for purposes of settlement in the lead case does not affect scheduling in other cases, absent further order of the Court. As of the posting of this Order the remaining cases in this subset of the consolidated action are: 13-cv-2905-H (BLM); 13-cv-2906-H (BLM); 13-cv-2930-H (BLM); 13-cv-2943-H (BLM). SO ORDERED on 9/24/2014 by Judge Marilyn L. Huff. (All non-registered users served via U.S. Mail Service)(no document attached) (smy) (Entered: 09/24/2014)

2014-09-24

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NOTICE by Intel Corporation REGARDING INTER PARTES REVIEW PROCEEDINGS FOR U.S. PATENT NO. 5,839,108 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gerson, Christopher) (ag). (Entered: 09/24/2014)

2014-09-24

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JOINT HEARING STATEMENT by e.Digital Corporation. (Hedrick, Gabriel) (ag). (Entered: 10/06/2014)

2014-10-06

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JOINT CLAIM CONSTRUCTION CHART by e.Digital Corporation. (Hedrick, Gabriel) (ag). (Entered: 10/06/2014)

2014-10-06

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JOINT CLAIM CONSTRUCTION WORKSHEET by e.Digital Corporation. (Hedrick, Gabriel) (ag). (Entered: 10/06/2014)

2014-10-06

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MOTION to Consolidate Cases for Claim Construction Proceedings in Cases Involving the Same Claim of the Same Patent filed by Group 2 Defendants by Intel Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Christopher M. Gerson, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6)(Gerson, Christopher) (ag). (Entered: 10/07/2014)

2014-10-07

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ORDER Denying 38 Motion to Consolidate Claims Construction Proceedings. The Court denies the motion to consolidate the claims construction proceedings without prejudice. Accordingly, the Court vacates the hearing set for November 17, 2014. Signed by Judge Marilyn L. Huff on 10/9/14. (rlu)

2014-10-09

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MOTION to Stay Pending Inter Partes Review of the Patent-In-Suit by Intel Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Christopher M. Gerson, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9)(Gerson, Christopher) (ag). (Entered: 10/17/2014)

2014-10-17

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SCHEDULING ORDER Regarding Claim Construction. The claim construction hearing for this group is set for January 9, 2015, at 9:00 a.m.. Signed by Judge Marilyn L. Huff on 10/21/14.(kas) (Entered: 10/21/2014)

2014-10-21

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Minute ORDER: On October 17, 2014, Defendant Intel Corporation filed a motion to stay the case pending inter partes review of the patent-in-suit. (Doc. No. 40 .) The motion is set for hearing on November 17, 2014. Plaintiff's opposition is due November 3, 2014. Civ. L.R. 7.1. The Court declines to stay the case while the motion is pending. All current deadlines remain unchanged. SO ORDERED on 10/21/2014 by Judge Marilyn L. Huff. (no document attached) (smy) (Entered: 10/21/2014)

2014-10-21

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Joint MOTION to Continue Notice Of Settlement And Joint Motion To Continue All Deadlines Pending Settlement In Intel Case Only by e.Digital Corporation. (Chalk, Pamela) (ag). (Entered: 10/24/2014)

2014-10-24

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ORDER: (1) Continuing All Deadlines Until November 17, 2014 (2) Vacating the November 17, 2014 Hearing on the Motion to Stay (3) Appointing Breton A. Bocchieri as the New Discovery Liaison. Signed by Judge Marilyn L. Huff on 10/24/2014. (All non-registered users served via U.S. Mail Service)(ag) (Entered: 10/24/2014)

2014-10-24

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Minute ORDER: On November 5, 2014, the Court issued an order regarding settlement in e.Digital vs. Kingston Technology, Inc. (13-cv-2906-H (BLM), Doc. No. 44.) The Court appoints Timothy R. Pestotnik, counsel for PNY Electronics, Inc., as the discovery liaison for this subset of the consolidated cases. (Id.) (no document attached) (smy). (Entered: 11/05/2014)

2014-11-05

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Minute ORDER: On November 12, 2014, the Court issued an order regarding settlement in e.Digital vs. PNY Electronics, Inc. d/b/a PNY. (13-cv-2930-H (BLM), Doc. No. 44.) The Court appoints Levi William Heath, counsel for Verbatim Americas, LLC, as the discovery liaison for the remaining cases in this subset of the consolidated cases. (Id.) SO ORDERED on 11/13/2014 by Judge Marilyn L. Huff. (no document attached) (smy) (Entered: 11/13/2014)

2014-11-13

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Joint MOTION to Dismiss All Claims by Intel Corporation. (Friedman, Todd) (ag). (Entered: 11/13/2014)

2014-11-13

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ORDER Granting 47 Joint Motion to Dismiss with Prejudice (All non-registered users served via U.S. Mail Service)(ag)(jrd) (Entered: 11/14/2014)

2014-11-14

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REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 5,839,108, re 48 Order on Motion to Dismiss. cc:USPTO (All non-registered users served via U.S. Mail Service)(ag) (Entered: 02/04/2015)

2015-02-04

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Overview

Parties

Defendant

Kingston Technology Company, Inc.

Represented By

Verbatim Americas, LLC

Represented By

Counter Claimant

Intel Corporation

Represented By

PNY Electronics, Inc.

Represented By

Counter Defendant