Case 3:05-cv JSW Document 44 Filed 05/24/2006 Page 1 of 2

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1 Case 3:05-cv JSW Document 44 Filed 05/24/2006 Page 1 of WILLIAM S. FREEMAN (82002) RICHARD D. NORTH (225617) JEFFERY M. KABAN (235743) Five Palo Alto Square 3000 El Camino Real Palo Alto, CA Telephone: (650) Facsimile: (650) wfreeman@cooley.com rnorth@cooley.com jkaban@cooley.com Attorneys for Defendants DITECH NETWORKS, INC., TIMOTHY K. MONTGOMERY and WILLIAM J. TAMBLYN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In re DITECH COMMUNICATIONS CORP. SECURITIES LITIGATION. This Document Relates To: ALL ACTIONS Master File No. C JSW CLASS ACTION NOTICE OF CHANGE OF PARTY NAME A TTORNEYS A T LAW PALO A LTO v1/pa NOTICE OF CHANGE OF PARTY NAME C

2 Case 3:05-cv JSW Document 44 Filed 05/24/2006 Page 2 of TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT, pursuant to Northern District of California Civil Local Rule 3-11, Defendants hereby inform the Court and Parties to this action that, effective May 18, 2006, Ditech Communications Corporation changed its name to Ditech Networks, Inc. (the Company ) as described in the Form 8-K attached as Exhibit A, which was filed by the Company with the Securities and Exchange Commission on May 19, The Company s address otherwise remains unchanged Dated: May 24, 2006 /s/ Richard D. North Attorneys for Defendants DITECH NETWORKS, INC., TIMOTHY K. MONTGOMERY and WILLIAM J. TAMBLYN A TTORNEYS A T LAW PALO A LTO v1/pa 1. NOTICE OF CHANGE OF PARTY NAME C

3 EXHIBIT A

4 Page 1 of 4 8-K 1 a k.htm CURRENT REPORT OF MATERIAL EVENTS OR CORPORATE CHANGE S UNITED STATE S SECURITIES AND EXCHANGE COMMISSION Washington, DC FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of th e Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 18, DITECH NETWORKS, INC. (Exact name of registrant as specified in its charter ) Delaware (State or other jurisdiction of (Commission File Number) incorporation) (I.R.S. Employer Identificatio n No. ) 825 E. Middlefield Road Mountain View, Ca (Address of principal executive offices and zip code) Registrant's telephone number, including area code : (650) 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 : Written communications pursuant to Rule 425 under the Securities Act (17 CFR ) Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR a-12 ) Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR d-2(b)) Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR e-4(c)) Ex.A, Pg. sec.gov/archives/edgar/data/ / /a _18k.htm 5/23/2006

5 Page 2 of 4 Item Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year. Effective May 18, 2006 at 4 :00 p.m. Eastern Daylight Time, Ditech Networks, Inc. (the "Company") changed its corporate name from Ditech Communications Corporation to Ditech Networks, Inc. The Company effected the corporate name change by filing a Certificate of Ownership and Merger with the Secretary of State of the State of Delaware on May 15, 2006, as corrected on May 17, 2006, pursuant to which a wholly owned subsidiary of the Company merged with and into the Company (the "Merger"). The Company is the surviving corporation in the Merger. The Corrected Certificate of Ownership and Merger amended the Company's previously filed Restated Certificate of Incorporation, as amended, to reflect the change in corporate name. The Company subsequently filed a Restated Certificate of Incorporation to restate the Company's Certificate of Incorporation, as amended and restated, which incorporates into one document the Company's previous Restated Certificate of Incorporation, the change in the corporate name, and the Company's previously filed Certificate of Designation of Series A Junior Participating Preferred Stock. A copy of the Corrected Certificate of Ownership and Merger is filed herewith as Exhibit 3.1. A copy of the Restated Certificate is filed herewith as Exhibit 3.2. Item Regulation FD Disclosure. On May 18, 2006 the Company issued a press release entitled "Ditech Communications Corporation its Name to Ditech Networks, Inc.," which is furnished herewith as Exhibit Item Financial Statements and Exhibits. Exhibi t Number Description 3.1 Corrected Certificate of Ownership and Merger of registrant. 3.2 Restated Certificate of Incorporation of registrant Press Release dated May 18, Ex. Pg, Z. http :l;`w-ww. sec. gov/archives/edgar/data/ / /aO _ 18k.htm 5/

6 Page 3 of 4 SIGNATURE 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, thereunto duly authorized. DITECH NETWORKS, INC. Dated: May 18, 2006 By : /s! William J. Tamblyn William J. Tambly n Executive Vice President and Chief Financial Officer Ex., Pg /" /a _18k.htm 5/23/2006

7 Page 4 of 4 INDEX TO EXHIBIT S Exhibit Number Descrip ti o n 3.1 Corrected Certificate of Ownership and Merger of registrant. 3.2 Restated Certificate of Incorporation of registrant Press Release dated May 18, Ex. -8-, Pg. gov/archivesi'edgar,'data/ / /a _18k.htm 5/23/2006

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