Four notices previously posted by BaNosser

NOTICE IS HEREBY GIVEN to Plaintiffs that the Debtor, TECHNOLOGY

PROPERTIES LIMITED LLC, has filed a Petition under Chapter 11 of the United States

Bankruptcy Code on March 20, 2013, Case No. 13-51589-SLJ. Plaintiffs are further

given notice that Section 362 of said Code provides for an automatic stay of this action.

Dated: March 21, 2013 BINDER & MALTER, LLP

ORDER RE: STATUS UPDATES (Signed by Judge)

(Re: Docket No. 425)

On March 21, 2013, Defendant Technology Properties Ltd. (“TPL”) notified the court that it has filed for Chapter 11 bankruptcy in the Northern District of California. Pursuant to 11 U.S.C. § 362, both of the cases in this court are automatically stayed pending resolution of the bankruptcy case. The parties shall submit to the court every 90 days joint letter briefs with updates about the status of the bankruptcy case.

IT IS SO ORDERED.

Dated:

_________________________________

PAUL S. GREWAL

United States Magistrate Judge

March 21, 2013

AMENDED AND SUPERCEDED

NOTICE OF FILING OF CHAPTER

11 PROCEEDING AND NOTICE OF

AUTOMATIC STAY OF ACTIONS

NOTICE IS HEREBY GIVEN to Plaintiffs that the Debtor, TECHNOLOGY

PROPERTIES LIMITED LLC, has filed a Petition under Chapter 11 of the United States

Bankruptcy Code on March 20, 2013, Case No. 13-51589-SLJ. Plaintiffs are further

given notice that Section 362 of said Code provides for an automatic stay of Plaintiffs’

action against Debtor but not of Debtor’s action Plaintiffs. Matter of U.S. Abatement

Corp. (5th Cir. 1994), 39 F.3d 563, 568; In re Merrick, 175 B.R. 333, 337 (9th Cir. BAP

1994).

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This Amended and Superceded Notice of Filing of Chapter 11 Proceeding

supercedes the Notice of Filing of Chapter 11 Proceeding filed earlier today in this case,

which incorrectly stated that the Bankruptcy Code “provides for an automatic stay of this

action,” rather than correctly stating that Debtor’s bankruptcy filing stays only Plaintiffs’

action against Debtor.

Dated: March 21, 2013 BINDER & MALTER, LLP

PLEASE TAKE NOTICE that Defendants Technology Properties Ltd., Patriot Scientific Corporation, and Alliacense Ltd. (collectively, “TPL”) hereby provide this Notice to clarify the prior Notice of Filing of Chapter 11 Proceeding and Notice of Automatic Stay of Actions filed earlier today (877 Doc 425; 882 Doc 438).1 Although that notice correctly stated that actions against Technology Properties Limited LLC (“TPL”) are automatically stayed under 11 U.S.C. § 362, it should have no impact on the current schedule of these actions as it relates to TPL’s claims against Plaintiffs, which are separate and may be disaggregated. See Halmar Robicon Group, Inc. v. Toshiba Int'l Corp., 127 Fed. Appx. 501, 502-503 (Fed. Cir. 2005) (automatic stay under 11 U.S.C. § 362 for claims against debtor stayed; counterclaims may proceed) (emphasis added) citing Seiko Epson Corp. v. Nu-Kote International, Inc., 190 F.3d 1360, 1364 (Fed. Cir. 1999); Maritime Elect. Co. v. United Jersey Bank, 959 F.2d 1194, 1205 (3rd Cir. 1992). See also Matter of U.S. Abatement Corp., 39 F.3d 563, 568 (5th Cir. 1994); In re Merrick, 175 B.R. 333 (9th Cir. BAP 1994).2

­­­­1 Counsel for Defendants apologizes for the multiple notices about this issue. As can be seen from the prior notice document, it was filed by bankruptcy counsel who is not counsel of record in this action. Had counsel of record in this action been consulted beforehand, these issues would have been clarified in the original notice.

2 To the extent that they can proceed without TPL, claims against other Defendants are also not stayed pursuant to 11 U.S.C. § 362. In re Chugach Forest Products, Inc., 23 F.3d 241, 245-46 (9th Cir. 1994) (Section 362 does not automatically stay actions against non-debtor parties); Seiko Epson Corp. v. Nu-Kote Intern., Inc., 190 F.3d 1360, 1364 (Fed. Cir. 1999) (“It is clearly established that the automatic stay does not apply to non-bankrupt co-defendants of a debtor even if they are in a similar legal or factual nexus with the debtor”) (internal quotation omitted).