Item 8.01. Other Events.
Request for Reexamination of U.S. Patent No. 5,491,774
e.Digital Corporation (the "Company") reported that the United States Patent and Trademark Office ("USPTO") granted a Request for Ex Parte Reexamination of the Company's U.S. Patent No. 5,491,774 (the "'774 patent") related to a handheld record and playback device with flash memory. During the reexamination process, the USPTO will review the patent and could determine that the patent claims, as written, were properly allowed. This determination would assist the Company in defending challenges to the validity of the '774 patent. Alternatively, the USPTO could narrow or reject certain or all of the claims of the '774 patent. Depending upon the specifics of what narrowing amendments are required and the claims rejected, these determinations of the USPTO could have a material adverse impact on the Company's results of operations. The timing of the USPTO's completion of the reexamination is uncertain. The Company believes that the USPTO should reconfirm the validity of the '774 patent. However, there can be no guarantee as to the outcome.
The Markman hearing (patent claims construction hearing) for the Company's second round enforcement action is scheduled for January 28, 2011.
The disclosures set forth in this Item 8.01 speak only as of the date of this Current Report on Form 8-K, and the Company disclaims any intention or obligation to update or revise any such statements to reflect new information, future events or developments or otherwise, except as required by law.
