"(19) The statement made in “
Defendant Toshiba America Information
Systems, Inc.’s [Proposed] Order Granting Defendant Toshiba America
Information Systems, Inc.’s Motion for Sanctions”
(Dkt #37-21), “The Court,
having considered Defendant’s Motion for Sanctions and the papers and arguments
submitted in support of and in opposition thereto, is of the opinion that Toshiba
America Information Systems, Inc.’s motion should be GRANTED pursuant to
Fed. R. Civ. P. 11. Therefore, it is ORDERED that Plaintiff e.Digital Corporation’s
Amended Complaint for Patent Infringement against Toshiba America Information
Systems, Inc. shall be DISMISSED WITH PREJUDICE.”
=====================================================
Even though e.Digital objected to issues concerning sanctions and Fed. R. Civ. P. 11. the case was dismissed....as far as I can gather.
As I see, for exhibits 1-18 filed.... All defendants where served an amended complaint and all defendants filed motions to dismiss their respective amended complaint, where all defendants were denied their motions to dismiss. As far as the court was concerned the amended complaints stand.
All defendants involved got the denial, except for Toshiba, as it withdrew its filed motion to have the amended complaint dismissed. Toshiba accepted the Amended complaint, and apparently kept its power dry.
With that, the amended complaint was in front of each defendant.
Toshiba files [Proposed] Order Granting Defendant Toshiba America Information Systems, Inc.’s Motion for Sanctions” .... With that proposal in hand, Toshiba then re- files a motion to dismiss the amended complaint.
As it looks to me, the case is over.... or this is a mirage....what is it? Is it part of the proposed order?
Therefore, it is ORDERED that Plaintiff e.Digital Corporation’s
Amended Complaint for Patent Infringement against Toshiba America Information
Systems, Inc. shall be DISMISSED WITH PREJUDICE.”
