e.Digital Corporation v. Verbatim America, LLC

COMPLAINT with Jury Demand against Verbatim Americas, LLC ( Filing fee $ 400 receipt number 0974-6567917.), filed by e.Digital Corporation. (Attachments: # 1 Cover Sheet, # 2 Declaration A)The new case number is 3:13-cv-02943-AJB-RBB. Judge Anthony J. Battaglia and Magistrate Judge Ruben B. Brooks are assigned to the case. (Chalk, Pamela)notified CA of related cases(cxl)(Low number prepared on 12/9/13)(cge). (av1). (Entered: 12/09/2013)

2013-12-06

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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 (cxl)(av1). (Entered: 12/09/2013)

2013-12-06

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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. (cxl) (av1). (Entered: 12/09/2013)

2013-12-09

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ORDER re Transfer Pursuant to Low Number Rule. Signed by Judge Dana M. Sabraw and Judge Anthony J. Battaglia on 12/11/13.(cge) (Entered: 12/13/2013)

2013-12-11

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NOTICE of Appearance by Pamela Chalk on behalf of e.Digital Corporation (Chalk, Pamela) (cge). (Entered: 12/13/2013)

2013-12-13

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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) (cge). (Entered: 12/13/2013)

2013-12-13

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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 Anthony J. Battaglia, Magistrate Judge Ruben B. Brooks no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:13-cv-02888-H-BGS. The new case number is 13CV2943-H-BGS. Signed by Judge Anthony J. Battaglia on 12/12/2013. Signed by Judge Marilyn L. Huff on 12/20/2013.(yeb) (Entered: 12/23/2013)

2013-12-23

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Corporate Disclosure Statement by e.Digital Corporation. (Chalk, Pamela) (ag). (Entered: 01/10/2014)

2014-01-10

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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-02905-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-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) (ag). (Entered: 01/10/2014)

2014-01-10

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SUMMONS Returned Executed by e.Digital Corporation. Verbatim Americas, LLC 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 Plaintiff e.Digital Corporations Unopposed Ex Parte Motion To Extend Time For Defendant To 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: 01/23/2014)

2014-01-23

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

2014-01-28

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Ex Parte MOTION for Extension of Time to File Answer Plaintiff e.Digital Corporations Second Unopposed Ex Parte Motion To Extend Time For Defendant To Respond To The Complaint Until April 21, 2014 Or Whatever Date The Court Deems Just And Reasonable Under The Circumstances by e.Digital Corporation. (Attachments: # 1 Declaration of Pamela C. Chalk)(Chalk, Pamela) (ag). (Entered: 03/19/2014)

2014-03-19

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ORDER Granting Plaintiff's Second 13 Ex Parte Motion to Extend Defendant's Time to Answer or Otherwise Respond. Verbatim Americas, LLC answer due 4/1/2014. Signed by Judge Marilyn L. Huff on 3/24/2014. (knb) (Entered: 03/25/2014)

2014-03-24

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First AMENDED COMPLAINT with Jury Demand For Patent Infringement against Verbatim Americas, LLC filed by e.Digital Corporation. (Attachments: # 1 Exhibit A to First Amended Complaint) (Chalk, Pamela) (ag). (Modified text to correct defendant name on 4/29/2014) (cge). (Entered: 04/01/2014)

2014-04-01

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CERTIFICATE OF SERVICE by e.Digital Corporation re 15 Amended Complaint (Chalk, Pamela) (ag). (Entered: 04/01/2014)

2014-04-01

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DOCUMENT WITHDRAWN PER DOCUMENT NO. 20 - MOTION to Dismiss for Failure to State a Claim by Verbatim Americas, LLC. (Attachments: # 1 Memo of Points and Authorities)(Heath, Levi)Attorney Levi William Heath added to party Verbatim Americas, LLC(pty:dft) (jpp). Modified on 4/30/2014 to term motion and note that this document is withdrawn (ag) (Entered: 04/15/2014)

2014-04-15

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DOCUMENT WITHDRAWN PER DOCUMENT NO. 20 - MOTION to Dismiss for Failure to State a Claim by Verbatim Americas, LLC. (Attachments: # 1 Memo of Points and Authorities)(Heath, Levi)Attorney Levi William Heath added to party Verbatim Americas, LLC(pty:dft) (jpp). Modified on 4/30/2014 to term motion and note that this document is withdrawn (ag) (Entered: 04/15/2014)

2014-04-15

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NOTICE of Party With Financial Interest by Verbatim Americas, LLC (Heath, Levi) (ag). (Entered: 04/18/2014)

2014-04-18

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ANSWER to Complaint with Jury Demand (Answer to First Amended Complaint) by Verbatim Americas, LLC.(Heath, Levi) (ag). (Entered: 04/29/2014)

2014-04-29

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NOTICE by Verbatim Americas, LLC re 17 MOTION to Dismiss for Failure to State a Claim Notice of Withdrawal of Motion to Dismiss for Failure to State a Claim (Heath, Levi) (ag). (Entered: 04/29/2014)

2014-04-29

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NOTICE AND ORDER for Early Neutral Evaluation Conference. A telephonic, attorneys only Early Neutral Evaluation is set for 7/10/2014 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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PRO HAC VICE APPOINTED: Chad S.C. Stover appearing for Defendant Verbatim Americas, LLC, Receipt # 62835. (jao) (Entered: 05/28/2014)

2014-05-28

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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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NOTICE of Change of Address by Pamela Chalk (Chalk, Pamela) (ag). (Entered: 06/05/2014)

2014-06-05

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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 13cv2943-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) (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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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by Verbatim Americas, LLC. (Attachments: # 1 Declaration of Chad S.C. Stover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Proof of Service)(Heath, Levi) (ag). (Entered: 11/17/2014)

2014-11-17

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CLAIM CONSTRUCTION BRIEF by e.Digital Corporation. (Attachments: # 1 Declaration of Gabriel G. Hedrick, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Hedrick, Gabriel) (ag). (Entered: 11/17/2014)

2014-11-17

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Joint MOTION to Continue Notice Of Settlement And Joint Motion To Continue All Deadlines Pending Settlement In Verbatim Case Only by e.Digital Corporation. (Chalk, Pamela) (ag). (Entered: 11/25/2014)

2014-11-25

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ORDER re 30 Continuing All Deadlines Until January 2, 2015. Signed by Judge Marilyn L. Huff on 11/26/2014. (ag) (Entered: 11/26/2014)

2014-11-26

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Joint MOTION to Dismiss all Claims by e.Digital Corporation. (Chalk, Pamela) (kas). (Entered: 12/29/2014)

2014-12-29

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ORDER granting 32 Joint Motion to Dismiss With Prejudice. The parties will bear their own costs, expenses, and attorneys' fees associated with the prosecution and defense of this action, and the Court directs the clerk to close this case. Signed by Judge Marilyn L. Huff on 12/30/14. (kas) (Entered: 12/30/2014)

2014-12-30

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REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 5,839,108, re 33 Order on Motion to Dismiss. cc:USPTO (ag) (Entered: 04/15/2015)

2015-04-15

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Overview

Parties

Defendant

Verbatim Americas, LLC

Represented By

Plaintiff