JOINT STIPULATION REQUESTING LEAVE TO FILE AMENDED JOINT CLAIM CONSTRUCTION STATEMENT AND NOTICE TO THE COURT REGARDING RESOLVED CLAIM CONSTRUCTION DISPUTES

JON S. TIGAR, District Judge.

WHEREAS, Plaintiff e.Digital Corporation ("e.Digital") and Defendant Dropcam, Inc. ("Dropcam") (collectively, the "Parties") hereby make a stipulated request to amend the Joint Claim Construction and Pre-Hearing Statement (Patent L.R. 4-3) ("Joint Statement") (Dkt. No. 49) and hereby provide notice to the Court that certain claim construction disputes have been resolved;

WHEREAS, the Parties file this stipulation and notice in light of a mutual agreement having been reached between the Parties regarding the construction of certain claim terms;

WHEREAS, the Parties, having met and conferred, were able to reach a compromise with respect to the claim terms "social template," "unique social signature," "optical sensor," and "accurate," as set forth in the table below;

WHEREAS, during the meet and confer process, the Parties discussed compromise constructions for the term "social signature" and, while the Parties were unable to fully resolve the dispute, the Parties narrowed the dispute as set forth in the table below;

WHEREAS, during the meet and confer process Dropcam proposed a compromise that the term "information" be construed as "a report about the identified social signature" and Dropcam anticipates it may be discussed at the hearing and, therefore, provides notice herein, however, e.Digital objects to the Court considering this new construction on the ground it is untimely under the Court's Scheduling Order and Patent LR 4-2, 4-3 and 4-5, and reserves the right to raise arguments not raised in its briefs in rebuttal should the Court be inclined to consider the same;

WHEREAS, the Parties also agree that neither will call witnesses at the Claim Construction Hearing and that the Claim Construction Hearing can be completed in three (3), rather than four (4), hours;

WHEREAS, the Parties make a stipulated request to amend the Joint Statement to reflect mutual agreement having been reached regarding the construction of the claim terms "social template," "unique social signature," "optical sensor," and "accurate," and to reflect the narrowing of the dispute regarding the construction of the claim term "social signature," as reflected in the Proposed Amended Joint Claim Construction Statement and Pre-Hearing Statement (Patent L.R. 4-3), attached hereto as Exhibit A.

IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil Local Rule 6-1, by e.Digital and Dropcam, through their respective counsel, that the Parties shall file an Amended Joint Claim Construction Statement and Pre-Hearing Statement (Patent L.R. 4-3), attached hereto as Exhibit A.

IT IS SO STIPULATED, through Counsel of Record.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION CLAUSE

I, Madeleine E. Greene, am the ECF User whose identification and password are being used to file this Stipulation. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Pamela Chalk of Handal & Associates has concurred in this filing.