SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of The Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): January 11, 2011
E.DIGITAL
CORPORATION
(Exact
name of registrant as specified in charter)
Delaware
(State or
other jurisdiction of incorporation)
0-20734
(Commission
File Number)
33-0591385
(IRS
Employer Identification No.)
16770 West Bernardo
Drive
San
Diego, California 92127
(Address
of principal executive offices)
(858) 304-3016
(Registrant’s
telephone number, including area code)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
¨ Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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e.DIGITAL
CORPORATION
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Date:
January 14, 2011
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By: /s/ ALFRED H. FALK
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Alfred
H. Falk, President and Chief Executive Officer
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(Principal
Executive Officer and duly authorized to sign on behalf of the
Registrant)
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