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0000320193
20080723
10-Q
751
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
752
The Markman hearing is set for November 26, 2008, and trial is scheduled for April 6, 2009.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
753
Quantum Technology Management, Ltd. v. Apple Computer, Inc.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
754
Plaintiff filed this action on December 21, 2005 in the United States District Court for the District of Maryland against the Company and Fingerworks, Ltd., alleging infringement of U.S. Patent No.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
755
5,730,165 entitled “Time Domain Capacitive Field Detector.” The complaint seeks unspecified damages and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
756
On May 11, 2006, Quantum filed an amended complaint adding Cypress Semiconductor/MicroSystems, Inc. as a defendant.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
757
On July 31, 2006, the Company filed an answer denying all material allegations and asserting numerous affirmative defenses and also filed counterclaims for non-infringement and invalidity.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
758
On November 30, 2006, plaintiff filed a reply to the Company’s counterclaims and a More Definite Statement.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
759
A Markman hearing was held on May 16, 2007.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
760
On June 7, 2007, the Court issued a claim construction ruling, and also issued an order invalidating six of plaintiff’s asserted patent claims in response to the Company’s motion for partial summary judgment of invalidity.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
761
On November 28, 2007, the Company filed a motion for summary judgment for non-infringement and invalidity, and a motion for summary judgment related to Quantum’s state-law claims.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
762
On December 27, 2007, Quantum filed a motion for summary judgment for infringement on one patent claim.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
763
In March 2008, Quantum was acquired by Atmel Corporation.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
764
Trial is scheduled for October 27, 2008.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
765
Saito Shigeru Kenchiku Kenkyusho (Shigeru Saito Architecture Institute) v. iPod; Apple Japan Inc. v. Shigeru Saito Architecture Institute Plaintiff Saito filed a petition in the Japan Customs Office in Tokyo on January 23, 2007 alleging infringement by the Company of Japanese Patent No.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
766
3852854, entitled “Touch Operation Input Device and Electronic Parts Thereof.” The petition sought an order barring the importation into Japan of fifth generation iPods and second generation iPod nanos.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
767
The Customs Office held a hearing on March 22, 2007.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
768
The Customs Office rejected the petition to bar importation and dismissed plaintiff’s case.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
769
Apple Japan, Inc. filed a Declaratory Judgment action against Saito on February 6, 2007 in the Tokyo District Court, seeking a declaration that the ‘854 patent is invalid and not infringed.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
770
Saito filed a Counter Complaint for infringement seeking damages.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
771
SP Technologies LLC v. Apple Inc.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
772
Plaintiff filed this action against the Company on August 2, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. Patent No.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
773
6,784,873 entitled “Method and Medium for Computer Readable Keyboard Display Incapable of User Termination.” The complaint seeks unspecified damages and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
774
The Company filed an answer on October 23, 2007 denying all material allegations and asserting numerous affirmative defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
775
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
776
On February 11, 2008, Plaintiff filed an amended complaint, alleging infringement of an additional patent, U.S. Patent No.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
777
6,987,986 entitled “Cellular Telephone, Personal Digital Assistant with Dual Lines for Simultaneous Uses.” The Company filed an answer to the amended complaint on February 29, 2008, denying all material allegations and asserting numerous affirmative defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
778
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
779
The Company has reached a settlement of this matter.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
780
Settlement of this matter will not have a material effect on the Company’s financial condition or operating results.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
781
St-Germain v. Apple Canada, Inc.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
782
Plaintiff filed this case in Montreal, Quebec, Canada, on August 5, 2005, seeking authorization to institute a class action for the refund by the Company of the Canadian Private Copying Levy that was applied to the iPod purchase price in Quebec between December 12, 2003 and December 14, 2004 but later declared invalid ...
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
783
The Company has completed a refund program for this levy.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
784
A class certification hearing took place January 13, 2006.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
785
On February 24, 2006, the Court granted class certification and notice was published during the last week of March 2006.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
786
The trial was conducted on October 15 and 16, 2007.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
787
On January 11, 2008, the Court issued a ruling in plaintiff’s favor.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
788
The Court ruled that despite the Company’s good faith efforts with the levy refund program, the Company must pay the amount claimed, and that the class is comprised of 20,000 persons who purchased an iPod in Quebec between December 12, 2003 and December 14, 2004.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
789
The Court ordered the Company to submit a statement of account showing the amount received by the Canadian Private Copying Collective, and the amount that has already been paid to class members in Quebec under the Company’s levy refund program.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
790
The Court also ordered the parties to submit further briefing regarding the collective recovery award by February 23, 2008.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
791
On February 11, 2008, the Company filed an appeal.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
792
Texas MP3 Technologies Ltd v. Apple Inc. et al.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
793
Plaintiff filed this action against the Company and other defendants on February 16, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. Patent No.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
794
7,065,417 entitled “MPEG Portable Sound Reproducing System and A Reproducing Method Thereof.” The complaint seeks unspecified damages and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
795
On July 12, 2007, the Company filed a petition for reexamination of the patent, which the U.S. Patent and Trademark Office granted.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
796
Plaintiff filed an amended complaint on August 1, 2007, adding the iPhone as an accused device.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
797
On August 2, 2007, the Company filed a motion to stay the litigation pending the outcome of the reexamination, which the Court denied.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
798
The Company filed an answer on August 20, 2007, denying all material allegations and asserting numerous affirmative defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
799
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
800
The Markman hearing is set for March 12, 2009, and trial is scheduled for July 6, 2009.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
801
The Apple iPod iTunes Antitrust Litigation (formerly Charoensak v. Apple Computer, Inc. and Tucker v. Apple Computer, Inc.); Somers v. Apple Inc.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
802
The first-listed action is a consolidated case combining two cases previously pending under the names Charoensak v. Apple Computer Inc. (formerly Slattery v. Apple Computer Inc.) and Tucker v. Apple Computer, Inc.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
803
The original plaintiff (Slattery) in the Charoensak case filed a purported class action on January 3, 2005 in the United States District Court for the Northern District of California alleging various claims including alleged unlawful tying of music purchased on the iTunes Store with the purchase of iPods and unlawful a...
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
804
Plaintiff’s complaint alleged violations of §§1 and 2 of the Sherman Act (15 U.S.C.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
805
§§1 and 2), California Business & Professions Code §16700 et seq.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
806
(the Cartwright Act), California Business & Professions Code §17200 (unfair competition), common law unjust enrichment and common law monopolization.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
807
Plaintiff sought unspecified damages and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
808
The Company filed a motion to dismiss on February 10, 2005.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
809
On September 9, 2005, the Court denied the motion in part and granted it in part.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
810
Plaintiff filed an amended complaint on September 23, 2005 and the Company filed an answer on October 18, 2005.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
811
In August 2006, the Court dismissed Slattery without prejudice and allowed plaintiffs to file an amended complaint naming two new plaintiffs (Charoensak and Rosen).
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
812
On November 2, 2006, the Company filed an answer to the amended complaint denying all material allegations and asserting numerous affirmative defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
813
The Tucker case was filed as a purported class action on July 21, 2006 in the United States District Court for the Northern District of California alleging various claims including alleged unlawful tying of music and videos purchased on the iTunes Store with the purchase of iPods and vice versa and unlawful acquisition...
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
814
The complaint alleges violations of §§1 and 2 of the Sherman Act (15 U.S.C.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
815
§§1 and 2), California Business & Professions Code §16700 et seq.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
816
(the Cartwright Act), California Business & Professions Code §17200 (unfair competition) and the California Consumer Legal Remedies Act.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
817
Plaintiff sought unspecified damages and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
818
On November 3, 2006, the Company filed a motion to dismiss the complaint.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
819
On December 20, 2006, the Court denied the motion to dismiss.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
820
On January 11, 2007, The Company filed an answer denying all material allegations and asserting numerous defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
821
On March 20, 2007, the Court consolidated the two cases.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
822
Plaintiffs filed a consolidated complaint on April 19, 2007.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
823
On June 6, 2007, the Company filed an answer to the consolidated complaint denying all material allegations and asserting numerous affirmative defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
824
The Court has scheduled the class certification hearing for November 7, 2008.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
825
A related class action complaint, Somers v. Apple Inc., was filed on December 31, 2007 in the United States District Court for the Northern District of California, alleging various claims including alleged unlawful tying of music and videos purchased on the iTunes Store with the purchase of iPods and vice versa and unl...
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
826
The complaint alleges violations of §§1 and 2 of the Sherman Act (15 U.S.C.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
827
§§1 and 2), California Business & Professions Code §16700 et seq.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
828
(the Cartwright Act), California Business & Professions Code §17200 (unfair competition) and the California Consumer Legal Remedies Act.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
829
Plaintiff seeks unspecified damages and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
830
On February 21, 2008, the Company filed an answer denying all material allegations and asserting numerous defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
831
The Court has scheduled the class certification hearing for November 7, 2008.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
832
Tse v. Apple Computer, Inc. et al.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
833
Plaintiff Ho Keung Tse filed this action against the Company and other defendants on August 5, 2005 in the United States District Court for the District of Maryland alleging infringement of U.S. Patent No.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
834
6,665,797 entitled “Protection of Software Again [sic] Against Unauthorized Use.” The complaint seeks unspecified damages and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
835
The Company filed an answer on October 31, 2005 denying all material allegations and asserting numerous affirmative defenses.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
836
On October 28, 2005, the Company and the other defendants filed a motion to transfer the case to the Northern District of California, which was granted on August 31, 2006.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
837
On July 24, 2007, the Company filed a petition for reexamination of the patent, which the U.S. Patent and Trademark Office granted.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
838
On July 25, 2007, the Company filed a motion to stay the litigation pending the outcome of the reexamination, which the Court granted on October 4, 2007.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
839
Union Fédérale des Consummateurs - Que Choisir v. Apple Computer France S.à.r.l.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
840
and iTunes S.à.r.l.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
841
Plaintiff, a consumer association in France, filed this complaint on February 9, 2005 alleging that the above-listed entities are violating consumer law by (1) omitting to mention that the iPod is allegedly not compatible with music from online music services other than the iTunes Store and that the music from the iTun...
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
842
Plaintiff seeks damages, injunctive relief and other relief.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
843
The first hearing on the case took place on May 24, 2005.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
844
The Company’s response to the complaint was served on November 8, 2005.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
845
Plaintiff’s responsive pleading was filed on February 10, 2006.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
846
The Company filed a reply on June 6, 2006 and UFC filed a response on September 19, 2006.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
847
Vitt v. Apple Computer, Inc.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
848
Plaintiff filed this purported class action on November 7, 2006 in the United States District Court for the Central District of California on behalf of a purported nationwide class of all purchasers of the iBook G4 alleging that the computer’s logic board fails at an abnormally high rate.
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
849
The complaint alleges violations of California Business & Professions Code §17200 (unfair competition) and California Business & Professions Code §17500 (false advertising).
0001193125-08-156421/full-submission.txt
0000320193
20080723
10-Q
850
Plaintiff seeks unspecified damages and other relief.
0001193125-08-156421/full-submission.txt