Software Rights Archive, LLC v. Google Inc. et al

Filing 120

NOTICE by Software Rights Archive, LLC re 113 Notice (Other) on the Site Technologies, Inc. Chapter 11 Case (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kaplan, Lee)

Software Rights Archive, LLC v. Google Inc. et al

Doc. 120

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

SOFTWARE RIGHTS ARCHIVE, LLC,
Plaintiff,
v.

§ § §
§ Civil Action No. 2:07-cv-511-CE

GOOGLE INC., YAHOOl INC., lAC SEARCH & MEDIA, INC., AOL LLC, and LYCOS, INC.,

§ § §

§ JURY TRIAL DEMANDED
§ § §

Defendants.

PLAINTIFF'S NOTICE ON THE SITE TECHNOLOGIES, INC. CHAPTER 11 CASE
TO THE HONORABLE COURT:

Defendants previously filed in this Cour their "Notice of Re-Opening of Chapter 11
Case" advising this Cour of the pendency In re Site Technologies, Inc., Case No. 99-50736

RLE, U.S. Bankptcy Cour, N.D. California, San Jose Division. The Banptcy Court held a

status conference in that matter on December 17, 2008, to address the request made by Google,

Inc. and another party in interest to the banuptcy proceeding to set a schedule for the
Banuptcy Cour to address a series of issues, including whether the patents in suit are property
of

the Debtor's banptcy estate and are protected by the automatic stay. See Status Conference

Statement of Sherwood Finance (Delaware) LLC at pp.4-5, attached hereto as Exhibit A. The
Banptcy Cour inquired about the timing and status of Defendants' Motion to Dismiss for

Lack of Standing pending before this Court, and was advised that the Motion to Dismiss had

been briefed and was submitted to this Court. The Banuptcy Cour then continued the
banuptcy proceeding until April

15, 2009, with the paries to provide status statements on April

Dockets.Justia.com

1,2009. Pertinent pages of

the Bankuptcy Court's Docket Sheet are attached as Exhibit B. The

Bankptcy Court declined to take or permit any further action at the January 17, 2008 status
conference, other than the new setting. The transcript of this proceeding has been ordered and
wil be provided to this Court when it becomes available.
Plaintiff suggests to this Court that the Motion to Dismiss for Lack of Standing should be
denied for the reasons stated in Plaintiff s prior briefs.

Respectfully submitted,

Lee L. Kaplan

Lu ~¥I~

~ fn~'H"Ol\ hf)/ )

LEAD ATTORNEY

State Bar No. 11094400
SMYSER KAPLAN & VESELKA, L.L.P.

700 Louisiana, Suite 2300 Houston, Texas 77002 [phone]
[phone] (fax)

Ikaplan(fskv. com

Victor G. Hardy State Bar No. 00790821
(Requesting Admission Pro Hac Vice) Andrew G. DiNovo State Bar No. 00790594 Adam G. Price State Bar No. 24027750

Jay D. Ellwanger State Bar No. 24036522
DiNovo PRICE ELLWANGER & HARDY LLP

7000 North MoPac Expressway, Suite 350 Austin, Texas 78731 [phone]
[phone] (fax)

vhardy(fdpelaw.com

. Of counsel:

S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585
CAPSHAW DERIEUX
1127 Judson Road, Suite 220

P.O. Box 3999 Longview, TX 75606-3999 [phone]
[phone] (fax)

ccapshaw(fcapshawlaw.com
Robert M. Parker State Bar No. 15498000 Robert C. Bunt State BarNo. 00787165 Charles Ainsworth State Bar No. 0078352
PARKER, BUNT & AINSWORTH, P.C. 100 East Ferguson, Suite 1114

Tyler, Texas 75702 [phone]
[phone] (fax)

CERTIFICATE OF SERVICE

The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's
CMIECF system per Local Rule CV-5(a)(3) on December 23,2008.

L.u tyl~ (L, ~~iH\\0t/~0 Lee L. Kaplan