-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Iv0NbIWGJbH+nFyphi6evVQfGDxyoxjP6BbYJn8E0xQY2Z7TSX/Q4UuejUciRZqL /zCXSc2hq3p8YKbJNUAlLQ== 0001097562-08-000019.txt : 20081020 0001097562-08-000019.hdr.sgml : 20081020 20081020114617 ACCESSION NUMBER: 0001097562-08-000019 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20081020 DATE AS OF CHANGE: 20081020 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DIVX INC CENTRAL INDEX KEY: 0001342960 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER PROGRAMMING SERVICES [7371] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-82529 FILM NUMBER: 081130811 BUSINESS ADDRESS: STREET 1: 4780 EASTGATE MALL CITY: SAN DIEGO STATE: CA ZIP: 92121 BUSINESS PHONE: 858-882-0600 MAIL ADDRESS: STREET 1: 4780 EASTGATE MALL CITY: SAN DIEGO STATE: CA ZIP: 92121 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: JDS CAPITAL MANAGEMENT INC CENTRAL INDEX KEY: 0001097562 IRS NUMBER: 133918633 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 780 THIRD AVENUE 45TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 2128339921 MAIL ADDRESS: STREET 1: 780 THIRD AVENUE 45TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 SC 13G 1 divx.txt SCHEDULE 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 DivX, Inc. - -------------------------------------------------------------------------------- (Name of Issuer) Common Stock - -------------------------------------------------------------------------------- (Title of Class of Securities) 255413106 - -------------------------------------------------------------------------------- (CUSIP Number) October 8, 2008 - -------------------------------------------------------------------------------- (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [ ] Rule 13d-1(b) [x] Rule 13d-1(c) [ ] Rule 13d-1(d) *The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). CUSIP No. 255413106 1. Names of Reporting Persons. JDS Capital Management, Inc. 2. Check the Appropriate Box if a Member of a Group (See Instructions) (a) N/A (b) N/A 3. SEC Use Only 4. Citizenship or Place of Organization Delaware 5. Sole Voting Power 2,000,000 Number of Shares 6. Shared Voting Power Beneficially 0 Owned by Each 7. Sole Dispositive Power Reporting 2,000,000 Person With 8. Shared Dispositive Power 0 9. Aggregate Amount Beneficially Owned by Each Reporting Person 2,000,000 10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) N/A 11. Percent of Class Represented by Amount in Row (9) 6.2% (1) 12. Type of Reporting Person (See Instructions) CO (1) Based on 32,243,854 shares of Common Stock reported by the Issuer to be issued and outstanding as of July 31, 2008 on the Issuer's Quarterly Report on Form 10-Q, as filed with the Securities and Exchange Commision on August 11,2008. Item 1. (a) Name of Issuer DivX, Inc. (the "Issuer") (b) Address of Issuer's Principal Executive Offices 4780 Eastgate Mall, San Diego, California 92121 Item 2. (a) Name of Person Filing JDS Capital Management, Inc. ("JDS") (b) Address of Principal Business Office or, if none, Residence The principal business office of JDS is located at 767 Third Avenue, 32nd Floor, New York, NY 10017 (c) Citizenship Delaware (d) Title of Class of Securities Common Stock, par value $0.001 per share (the "Common Stock") (e) CUSIP Number 255413106 Item 3. If this statement is filed pursuant to, ss.240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: N/A (a) [ ] Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o); (b) [ ] Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c); (c) [ ] Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c); (d) [ ] Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8); (e) [ ] An investment adviser in accordance with ss.240.13d-1(b)(1)(ii)(E); (f) [ ] An employee benefit plan or endowment fund in accordance with ss.240.13d-1(b)(1)(ii)(F); (g) [ ] A parent holding company or control person in accordance with ss.240.13d-1(b)(1)(ii)(G); (h) [ ] A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813); (i) [ ] A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3); (j) [ ] Group, in accordance with ss.240.13d-1(b)(1)(ii)(J). Item 4. Ownership. Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1. (a) Amount beneficially owned: 2,000,000 shares of Common Stock. (b) Percent of class: 6.2%, based on 32,243,854 shares of Common Stock reported by the Issuer to be issued and outstanding as of July 31, 2008 on the Issuer's Quarterly Report on Form 10-Q as filed with the Securities and Exchange Commision on August 11, 2008. (c) Number of shares as to which the person has: (i) Sole power to vote or to direct the vote: 2,000,000 (ii) Shared power to vote or to direct the vote: 0 (iii) Sole power to dispose or to direct the disposition of: 2,000,000 (iv) Shared power to dispose or to direct the disposition of: 0 Item 5. Ownership of Five Percent or Less of a Class If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following [ ]. N/A Item 6. Ownership of More than Five Percent on Behalf of Another Person N/A Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company N/A Item 8. Identification and Classification of Members of the Group N/A Item 9. Notice of Dissolution of Group N/A Item 10. Certification By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect. SIGNATURE After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. JDS Capital Management, Inc. Date October 20, 2008 /s/ Joseph D. Samberg Joseph D. Samberg, President -----END PRIVACY-ENHANCED MESSAGE-----