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e.Digital Corporation v. GPX, Inc. et al

e.Digital Corporation v. GPX, Inc. et al
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Plaintiff: e.Digital Corporation 
Defendants: GPX, Inc. and DPI, Inc.
 
Case Number: 3:2012cv02825
Filed: November 26, 2012
 
Court: California Southern District Court
Office: San Diego         Office
County: San Diego
Presiding Judge: Roger T. Benitez
Referring Judge: Barbara Lynn Major
 
Nature of Suit: Intellectual Property - Patent
Cause: 35:271
Jurisdiction: Federal Question        
Jury Demanded By: Plaintiff        
 
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Plaintiff: e.Digital Corporation 
Represented By:  Pamela Chalk 
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Defendant: GPX, Inc.
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Defendant: DPI, Inc.
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almost 12 years ago
Re: e.Digital Corporation v. Diasonic Technology Co., LTD et al

Sec Tech Enterprises, LLC

http://www.sectechent.com/index.html




Leading E-commerce Company providing our loyal customers around the globe top of the

line Personal Security, Surveillance & Counter Surveillance Products at the lowest
prices on the web.With 16 store fronts you will find everything you need in Digital
Audio-Video Surveillance Technology & Counter Surveillance.Sec Tech Enterprises, llc
based out of Pembroke Pines, FL. USA was founded in May, 2011 and has grown rapidly
to one of the top E-Commerce companies in this field.Founder & President Jose A.
Hernandez has over 15 years experience in Personal Security, Audio/Video
Surveillance & Counter Measures Equipment, training of such equipment to
private detectives, investigative agencies & the private law abiding citizen.

Our associates are expected to be experts on our products and provide our customers all

the answers, recommendations and expertise for your particular need or situation.
We pride ourselves in providing with consistency and dedication the lowest prices &
best customer service anywhere.How can we keep our prices lower than our
competitors? The answer is, we do not carry inventory, have an expensive warehouse
or brick & mortar high rent storefront.instead we are 100% virtual and all orders
ship directly from our many hand picked distributors around the USA to your door and
in most cases free of charge. Simply the savings ourbusiness model produces get
passed on to our products and to you.



Our mission is clear, to provide a great product at a great price, provide great

customer service and to ensure your on-line shopping experience exceeds
expectations.

almost 12 years ago
Re: e.Digital Corporation v. Diasonic Technology Co., LTD et al

DIASONIC TECHNOLOGY CO., LTD


http://diasonic.com/bbs/view.php?code=catalog&lang=_eng&idx=42&page=1


Ever since the corporate establishment in 2000, Diasonic Technology Co.,LTD

Has successfully done OEM/ODM business with global leading partners


And continuously grown through new product developments & challenges.


We have a business structure available to support all development process of IT devices like WinCE, Linux, Android operating system, H/W design, S/W design (application program, firmware) etc, and providing one-stop service upon customer.


Not compromising with the current achievement, I and all staffs of Diasonic Technology will generate the new customer value more than the customerExpectation and do our best to be the IT specialist in real life.


Where the customers are, Diasonic Technology will be there always for you.

Company Milestones


About DIASONIC TECHNOLOGY CO., LTD


2010 Started mass production of digital voice recorder DDD-7000 series.


Started mass production of e-Dictionary DD-807 Series.


Released of multimedia player M series


2009 Obtained ISO 9001 2008 again.


Got a patent for a bonded factory, and designated.


Obtained INNO BIZ certificate again from Korea small and medium business administration.


2007 Obtained a venture business certificate and a technology guarantee fund certificate.


2006 Selected as a promising small and medium company by Gyeong-Gi province government.


Obtained INNO BIZ certificate from Korea small and medium business administration.


2005 Selected as 10th Gyeong-Gi province promising small and medium company, and awarded a prize of


Gyeong-Gi small and medium company.


Obtained a patent on a new device with portable speaker for charging and a dynamic speaker of MP3.


Obtained a venture business certificate based on R&D type.


2004 Awarded 10 million export prize


Participated in CES, Cebit, GS Shanhai SHOW, HK Show.


2003 Developed world-first multifunctional voice recorder DDR-4000 with a function of AM/FM radio receiver and recorder and started to export.


Released of MP3 player 'DMP-300' USB mass storage device.


Registered a patent on a new design with MP3 player built USB jack.


Participated in CES, Cebit, HK Show


2002 Started mass production of multipurpose voice recorder 'DDR-3000' and MP3 player DMP series.


2001 Moved to current factory in An-Yang city.


Started mass production of digital voice recorder DDR-2100R/2100 Series.


Started mass production of USB storage device 'DATA BANK' DPM-10 Series.


2000 Obtained CE and started mass production of voice recorder DDR-1016/1008/1004.


almost 12 years ago
e.Digital Corporation v. Diasonic Technology Co., LTD et al

New legal filing:


http://dockets.justia.com/docket/california/casdce/3:2012cv02543/397950/


Defendent: Diasonic Technology Co., LTD


Defendent: Sec Tech Enterprises LLC


Plaintiff: e.Digital Corporation

Represented By: Gabriel G Hedrick

http://www.handal-law.com/gabriel-hedrick.html

almost 12 years ago
Re: 8K Out...Narrowing the scope

Adding to my prior post, let us review the proposed construction from e.Digital and the defendents:


e.Digital’s Proposed Construction:“a removable, interchangeable flash memory storage device that (1) is the only removable memory storage device that receives for storage the processed sound electrical signals, and (2) is capable of retaining for storage digital information without the need for ongoing power support”


Defendants’ Proposed Constructions:(1) flash memory module: “a removable, interchangeable flash memory recording medium” and (2) sole memory of the received processed sound electrical signals: “the only memory of the received processed sound electrical signals, without another memory system such as RAM”


From the court:


"Accordingly, the Court concludes that the proper construction of the phrase “a flash memory module which operates as sole memory of the received processed sound electrical signals” is best addressed in two parts. The phrase “received processed sound electrical signals” refers to the electrical signals that have been generated by the microphone and passed through the amplifier and gain control circuits, but have yet to be converted by the CODEC. The remainder of the disputed language requires that the device use only flash memory, not RAM or any other memory system, while engaging the CODEC, DSP (as applicable), and memory control functions, as well as storing the fully-manipulated data."


My comments:


The court said: "The phrase “received processed sound electrical signals” refers to the electrical signals that have been generated by the microphone and passed through the amplifier and gain control circuits, but have yet to be converted by the CODEC."


Can the flash memory record analog signals, ie, not digital? This is a requirement based on the court's interpretation. Is their any support for this court argument from the patent? I do not think so.


e.digital is clearly making the case that the flash memory is the sole memory, or "only removable memory storage device". The court has not addressed this aspect of the claim. In fact, I think the court missed this critical element of the argument, and hence has not commented on what memory is available to store the data (digital), if more than one memory element can store such data (with and without power), and which memory is removable. In my opinion, the court has overreached to limit the claims by extending the claim interpretation of the definition of the "processed sound".


As doni and I have commented, the court's order is contingent on flash memory recording analog data. I think DM will easily refute this critical argument from the court.


Moreover, the court completely missed the fact that adding the language "sole memory" for "storage" simply could mean that no other memory element, that is removable or otherwise, is used to permanently store the digital data without the need for power. For example, there is no hard drive in the device in addition to the flash memory.


The court has really done a disservice to this case, and I am confident that the court order will need to be ammended.


-dy2147



about 13 years ago
Re: dy2147....

Exactly. I think there are many problems with this order.

-dy2147

about 13 years ago
dy2147
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