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Message: ZTE in news again
e.Digital and the Appellees in the appeal entitled e.Digital
Corporation v. ZTE, et al., Fed. Cir. Case Number 14-1239 (“ZTE Appeal”),
have reached a settlement with respect to that case only.
The Defendant/Appellees in the ZTE Appeal are ZTE Corporation
and ZTE (USA) Inc. (“ZTE Appellees”).
None of the other cases listed above and/or that are part of the
Consolidated Matters, except as otherwise noted with respect to the Blackberry Appeal, have been resolved to date
.
Pursuant to Federal Rule of Appellate Procedure 42(b) and the terms
of the parties’ settlement agreement, Plaintiff/Appellant hereby moves the Court for an order dismissing the ZTE Appeal only.
The ZTE Appellees have not filed any cross-appeal with respect to
this matter to date. e.Digital filed its Corrected Principal Brief in the
Consolidated Matters on or about April 24, 2014. No other briefs have been filed in any of the Consolidated Matters to date. (See, Docket #27).This motion is not opposed by the ZTE Appellees. Upon information and belief, this motion is believed to be unopposed by the Appellees in the Consolidated Matters inasmuch as counsel for all of those Appellees have indicated that they do not object to the motion. No response to this motionwill be filed by the ZTE Appellees. No response to this motion is anticipated to be filed by any of the Appellees in the Consolidated Matters.
Appellant e.Digital and the ZTE Appellees have agreed that each side
shall bear its own costs and fees with respect to the ZTE Appeal.
No appeal and/or claims as to any of the other Appellees in the
Consolidated Matters are requested to be dismissed by the Court at this time,
nor are they intended to be by virtue of the filing of this motion with theCourt. For the forgoing reasons, Appellant respectfully requests that this motion be granted and that the ZTE Appeal be dismissed.
Dated: May 22, 2014
HANDAL & ASSOCIATES
By: /s/ Pamela C. Chalk __________
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
And Counter-Defendant
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