e.Digital Corporation (fka EDIG)

[jtdiii]

From DOC 328 , Dec 14 , 2010

Statement summarizing the parties' discussions regarding the possibilities for promptly settling or resolving the case.

The parties certify that, as required by Fed. R. Civ. P. 26(f), they have discussed the possibilities for a prompt settlement or resolution of the case by alternative dispute resolution.

Plaintiff contends that mediation following an initial round of discovery may be productive.Defendants contend that mediation following the

Markman Order may be productiveDefendants assert that a Markman Order from the Court will not only clarify and narrow the
issues in dispute, it will significantly improve the likelihood that the parties can settle or otherwise resolve the case.

Defendants therefore believe that the earlier a Markman Order is
issued, the quicker this case will be settled or resolved.