Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 412

NOTICE by Blockbuster Inc. Notice of Bankruptcy (Attachments: # 1 Exhibit A)(Wooten, David)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 412

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EOLAS TECHNOLOGIES INCORPORATED, Plaintiff, § § § §

C.A. NO. 6:09-CV-446 (LED)

ADOBE SYSTEMS INC., AMAZON.COM, INC., APPLE INC., ARGOSY PUBLISHING, INC., BLOCKBUSTER INC., CDW CORP., CITIGROUP INC., EBAY INC., FRITO-LAY, INC.,

§ § § § § §

JURY TRIAL DEMANDED

THE GO DADDY GROUP, INC., GOOGLE INC.,
J.C. PENNY COMPANY, INC., JPMORGAN CHASE & CO., NEW FRONTIER MEDIA, INC., OFFICE DEPOT, INC., PEROT SYSTEMS CORP., PLAYBOY ENTERPRISES INTERNATIONAL, INC., RENT-A-CENTER, INC., STAPLES, INC., SUN MICROSYSTEMS INC., TEXAS INSTRUMENTS, INC., YAHOO! INC., and YOUTUBE, LLC Defendants.

§ §
§ § § § § § § § § § § § §

NOTICE OF BANKRUPTCY PLEASE TAKE NOTICE that on September 23, 2010, Blockbuster Digital Technologies Inc., its parent, Blockbuster Inc., and their debtor affiliates (collectively, the "Debtors")1 each filed voluntary petitions under chapter 11 of title 11 of the United States Code

The Debtors, together with the last four digits of each Debtor's federal tax identification number, are Blockbuster Inc. (5102); Blockbuster Canada Inc. (1269); Blockbuster Digital Technologies Inc. (9222); Blockbuster Distribution, Inc. (0610); Blockbuster Gift Card, Inc. (1855); Blockbuster Global Services, Inc. (3019); Blockbuster International Spain Inc. (7615); Blockbuster Investments LLC (6313);

Dockets.Justia.com

(the "Bankruptcy Code''1) in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court'). The Debtors' bankruptcy cases are being jointly administered under Case No. 10-14997 pursuant to Rule 1015(b) of the Federal Rules of Bankruptcy Procedure. A copy of the chapter 11 petition filed by Blockbuster Inc. is attached hereto as Exhibit "A". PLEASE TAKE FURTHER NOTICE that pursuant to section 362(a) of the Bankruptcy Code, the filing of a voluntary petition operates as an automatic stay of "the commencement or continuation, including issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under [the Bankruptcy Code], or to recover a claim against the debtor that arose before the commencement of the case under [the Bankruptcy Code]" and of "any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate." 11 U.S.C. §§ 362(a)(1) and 362(a)(3). PLEASE TAKE FURTHER NOTICE that continuation of the above-referenced action is automatically stayed under the Bankruptcy Code. The Debtors reserve their right to bring an action in the Bankruptcy Court for any violation of the automatic stay under section 362(a) of the Bankruptcy Code related, among other things, to the continuation of the abovereferenced action.

Blockbuster Procurement LP (2546); Blockbuster Video Italy, Inc (5068); Movielink LLC (5575); Trading Zone Inc. (8588); and B2, LLC (5219). The location of the Debtors' corporate headquarters and the service address for all Debtors is: 1201 Elm Street, Dallas, Texas 75270.

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Dated: September 23, 2010

Respectfully Submitted, VINSON & ELKINS L.L.P.

/s/David K. Wooten David Kent Wooten (TX Bar No. 24033477) Vinson & Elkins L.L.P. 2500 First City Tower 1001 Fannin Street Houston, TX 77002 Telephone: [phone] Facsimile: 713.615.5216 dwooten@velaw. com Scott W. Breedlove (TX Bar No. 00790361) LEAD ATTORNEY Vinson & Elkins L.L.P. 2001 Ross Avenue 3700 Trammell Crow Center Dallas, TX 75201-2975 Telephone [phone] Facsimile: 214.999.7993 sbreedlovef<xivelaw.com Attorneys for Defendant Blockbuster Inc.

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 CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 23th day of September, 2010. /s/ David K. Wooten David K. Wooten

US 567766v.