Just for you Fred:
FOR IMMEDIATE RELEASE
e.DIGITAL PROVIDES LITIGATION UPDATE
(SAN DIEGO, CA, – March 16, 2009) – e.Digital Corporation (OTC: EDIG), a leading technology innovator of dedicated portable entertainment systems and patented flash memory-related technology, today summarized recent court action related to business litigation between the Company and digEcor, Inc.
On March 13, 2009 the U.S. District Court for the District of Utah issued a partial ruling on the parties' Cross-Motions for Summary Judgment. As part of the ruling, the Court granted summary judgment in favor of e.Digital on digEcor's claim that e.Digital was in breach of non-competition obligations in an agreement between the parties. Concerning the alleged non-compete provisions, the Court held "that California law applies to the 2002 NDA. Further, the court holds that Paragraphs 1, 4, 5 and 6 of 2002 NDA are invalid under California law because they refrain e.Digital from lawfully competing with digEcor." This holding vindicates e.Digital's longstanding position that it is free to conduct its lawful business without non-compete restraint or obligation to digEcor.
The Court also concluded that e.Digital failed to deliver certain batteries to digEcor, a claim that the Company has never denied. e.Digital has maintained an accrual of $80,000 for such estimated obligation as more fully discussed in the notes to its annual and interim financial statements. The Court further ruled that e.Digital did not breach a certain performance provision of the 2002 contract between the parties and that digEcor was not obligated to negotiate a revenue sharing arrangement under the same agreement. The Court did not grant summary judgment to either side on the issue of the timeliness of the 2006 delivery of video players. This and other matters related to the parties’ motions, as more fully described in the Company’s regulatory filings, remain to be resolved by future court rulings or at trial.
While decisions of the Court may be subject to appeal, e.Digital is pleased with the Court's ruling finding the non-compete provisions of the 2002 NDA unenforceable as a matter of law. e.Digital will continue to offer its proprietary portable eVU™ entertainment system to the IFE and other industries.
AI
