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): September 25, 2012
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.)
16870 West Bernardo Drive, Suite
120
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.
The Company issued a press release on September 25, 2012 reporting that the United States Patent and Trademark Office (USPTO) accepted the Company’s supplemental declaration filed in response to an earlier rejection by the USPTO of one of the claims in the Company’s patent US 5,742,737. A copy of our press release is attached as Exhibit 99.1 hereto and incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
| Exhibit No. | Description | |
| 99.1 | Press release dated September 25, 2012 | |
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.
Date: September 25, 2012 |
e.DIGITAL CORPORATION By: /s/ ALFRED H. FALK Alfred H. Falk, President and Chief Executive Officer (Principal Executive Officer and duly authorized to sign on behalf of the Registrant) |
EXHIBIT 99.1
FOR IMMEDIATE RELEASE
e.DIGITAL PATENT REEXAMINATION UPDATE
Reexam of Flash Memory ‘737 and ‘774 Patents Favorably Concluded
(SAN DIEGO, CA, – September 25, 2012) – e.Digital Corporation (OTCQB: EDIG), a long standing source of innovation and future-defining patented technologies, today reported that the United States Patent and Trademark Office (USPTO) has accepted its supplemental declaration filed in response to an earlier rejection by the USPTO of one claim in the Company’s patent US 5,742,737. “We are very pleased with the USPTO’s decision to admit our supplemental declaration thereby allowing the original claim without substantive modification,” said Fred Falk, president and CEO of e.Digital Corporation.
“This concludes the reexamination of the ‘737 patent, and along with previous modifications to our ‘774 patent announced in May 2012, concludes all open reexamination matters,” added Falk. “Overall we believe the reexam process has strengthened and reaffirmed important patent claims allowing us to aggressively move forward with Flash-R patent portfolio monetization activities.”
Notice of the USPTO action, "Notice of intent to issue a reexam certificate," can be found on the USPTO Public PAIR website, http://portal.uspto.gov/external/portal/pair, by referencing application number 90/011,379.
About e.Digital Corporation: For more than 20 years, e.Digital's ideas and inventions have impacted the evolution of consumer products. Today, e.Digital innovations, including its Flash-R™ portfolio of flash memory-related patents, are essential to many portable consumer electronic products. The Company pioneered dedicated portable in-flight entertainment systems and more than 30 airlines have made e.Digital powered products their in-flight entertainment choice. For more information about e.Digital, please visit: www.edigital.com.
Safe Harbor statement under the Private Securities Litigation Reform of 1995: All statements made in this document, other than statements of historical fact, are forward-looking statements within the meaning of Section 21E of the Securities Exchange Act. You should not place undue reliance on these statements. We base these statements on particular assumptions that we have made in light of our industry experience, the stage of product and market development, expected future developments and other factors that we believe are appropriate under the circumstances. These forward-looking statements are based on the then-current expectations, beliefs, assumptions, estimates and forecasts about the businesses of the Company and the industries and markets in which the Company operates. Actual outcomes and results may differ materially from what is expressed or implied by the forward-looking statements. More information about potential factors that could affect the Company can be found in its most recent Form 10-K, Form 10-Q and other reports and statements filed with the Securities and Exchange Commission (“SEC”). e.Digital Corporation disclaims any intent or obligation to update these or any forward-looking statements, except as otherwise specifically stated by it.
CONTACT: e.Digital Corporation: Investor Relations, (858) 304-3016 ext. 205, ir@edigital.com