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0000320193
20110421
10-Q
535
Uncertainty about current global economic conditions poses a risk as consumers and businesses may continue to postpone spending in response to tighter credit, unemployment, negative financial news and/or declines in income or asset values, which could have a material negative effect on demand for the Company’s products...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
536
Demand also could differ materially from the Company’s expectations since the Company generally raises prices on goods and services sold outside the U.S. to offset the effect of a strengthening of the U.S. dollar.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
537
Other factors that could influence demand include increases in fuel and other energy costs, conditions in the real estate and mortgage markets, labor and healthcare costs, access to credit, consumer confidence, and other macroeconomic factors affecting consumer spending behavior.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
538
These and other economic factors could materially adversely affect demand for the Company’s products and services and the Company’s financial condition and operating results.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
539
In the event of renewed financial turmoil affecting the banking system and financial markets, additional consolidation of the financial services industry, or significant financial service institution failures, there could be a new or incremental tightening in the credit markets, low liquidity, and extreme volatility in...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
540
In addition, the risk remains that there could be a number of follow-on effects from the credit crisis on the Company’s business, including the insolvency of key outsourcing partners or suppliers or their inability to obtain credit to finance development and/or manufacture products resulting in product delays; inabilit...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
541
Other income and expense also could vary materially from expectations depending on gains or losses realized on the sale or exchange of financial instruments; impairment charges resulting from revaluations of debt and equity securities and other investments; interest rates; cash balances; and changes in fair value of de...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
542
Increased volatility in the financial markets and overall economic uncertainty would increase the risk of the actual amounts realized in the future on the Company’s financial instruments differing significantly from the fair values currently assigned to them.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
543
Uncertainty about current global economic conditions could also continue to increase the volatility of the Company’s stock price.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
544
Global markets for the Company’s products and services are highly competitive and subject to rapid technological change.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
545
If the Company is unable to compete effectively in these markets, its financial condition and operating results could be materially adversely affected.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
546
The Company competes in highly competitive global markets characterized by aggressive price cutting, with resulting downward pressure on gross margins, frequent introduction of new products, short product life cycles, evolving industry standards, continual improvement in product price/performance characteristics, rapid...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
547
The Company’s ability to compete successfully depends heavily on its ability to ensure a continuing and timely introduction of innovative new products and technologies to the marketplace.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
548
The Company believes it is unique in that it designs and develops nearly the entire solution for its products, including the hardware, operating system, numerous software applications, and related services.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
549
As a result, the Company must make significant investments in research and development and as such, the Company currently holds a significant number of patents and copyrights and has registered and/or has applied to register numerous patents, trademarks and service marks.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
550
By contrast, many of the Company’s competitors seek to compete primarily through aggressive pricing and very low cost structures.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
551
If the Company is unable to continue to develop and sell innovative new products with attractive margins or if other companies infringe on the Company’s intellectual property, the Company’s ability to maintain a competitive advantage could be negatively affected and its financial condition and operating results could b...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
552
The Company currently markets certain mobile communication and media devices, and third-party digital content and applications.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
553
The Company faces substantial competition from companies that have significant technical, marketing, distribution and other resources, as well as established hardware, software and digital content supplier relationships.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
554
Additionally, the Company faces significant price competition as competitors reduce their selling prices and attempt to imitate the Company’s product features and applications within their own products or, alternatively, collaborate with each other to offer solutions that are more competitive than those they currently ...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
555
The Company also competes with illegitimate ways to obtain third-party digital content and applications.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
556
The Company has entered the mobile communications and media device markets, and many of its competitors in these markets have significantly greater experience, product breadth and distribution channels than the Company.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
557
Because some current and potential competitors have substantial resources and/or experience and a lower cost structure, they may be able to provide such products and services at little or no profit or even at a loss.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
558
The Company also expects competition to intensify as competitors attempt to imitate the Company’s approach to providing these components seamlessly within their individual offerings or work collaboratively to offer integrated solutions.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
559
The Company currently receives subsidies from its carriers providing cellular network service for iPhone.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
560
There is no assurance that such subsidies will be continued at all or in the same amounts upon renewal of the Company’s agreements with these carriers or in agreements the Company enters into with new carriers.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
561
In the market for personal computers and peripherals, the Company faces a significant number of competitors, many of which have broader product lines, lower priced products, and larger installed customer bases.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
562
Consolidation in this market has resulted in larger and potentially stronger competitors.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
563
Price competition has been particularly intense as competitors selling Windows-based personal computers have aggressively cut prices and lowered product margins.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
564
The Company also faces increased competition in key market segments, including consumer, SMB, education, enterprise, government and creative markets.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
565
An increasing number of Internet devices that include software applications and are smaller and simpler than traditional personal computers compete for market share with the Company’s existing products.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
566
The Company is currently the only authorized maker of hardware using the Mac OS.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
567
The Mac OS has a minority market share in the personal computer market, which is dominated by computer makers using competing operating systems, most notably Windows.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
568
The Company’s financial condition and operating results depend substantially on the Company’s ability to continually improve the Mac platform to maintain functional and design advantages.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
569
Use of unauthorized copies of the Mac OS on other companies’ hardware products may result in decreased demand for the Company’s hardware products, and could materially adversely affect the Company’s financial condition and operating results.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
570
There can be no assurance the Company will be able to continue to provide products and services that compete effectively.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
571
To remain competitive and stimulate customer demand, the Company must successfully manage frequent product introductions and transitions.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
572
Due to the highly volatile and competitive nature of the industries in which the Company competes, the Company must continually introduce new products, services and technologies, enhance existing products and services, and effectively stimulate customer demand for new and upgraded products.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
573
The success of new product introductions depends on a number of factors including but not limited to timely and successful product development, market acceptance, the Company’s ability to manage the risks associated with new products and production ramp issues, the availability of application software for new products,...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
574
Accordingly, the Company cannot determine in advance the ultimate effect of new product introductions and transitions on its financial condition and operating results.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
575
The Company faces substantial inventory and other asset risk in addition to purchase commitment cancellation risk.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
576
The Company records a write-down for product and component inventories that have become obsolete or exceed anticipated demand or net realizable value and accrues necessary cancellation fee reserves for orders of excess products and components.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
577
The Company also reviews its long-lived assets for impairment whenever events or changed circumstances indicate the carrying amount of an asset may not be recoverable.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
578
If the Company determines that impairment has occurred, it records a write-down equal to the amount by which the carrying value of the assets exceeds its fair market value.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
579
Although the Company believes its provisions related to inventory, other assets and purchase commitments are currently adequate, no assurance can be given that the Company will not incur additional related charges given the rapid and unpredictable pace of product obsolescence in the industries in which the Company comp...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
580
Such charges could materially adversely affect the Company’s financial condition and operating results.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
581
The Company must order components for its products and build inventory in advance of product announcements and shipments.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
582
Consistent with industry practice, components are normally acquired through a combination of purchase orders, supplier contracts, open orders and, where appropriate, inventory component prepayments, in each case based on projected demand.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
583
Such purchase commitments typically cover forecasted component and manufacturing requirements for 30 to 150 days.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
584
Because the Company’s markets are volatile, competitive and subject to rapid technology and price changes, there is a risk the Company will forecast incorrectly and order or produce excess or insufficient amounts of components or products, or not fully utilize firm purchase commitments.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
585
The Company’s financial condition and operating results have been in the past and could be in the future materially adversely affected by the Company’s ability to manage its inventory levels and respond to short-term shifts in customer demand patterns.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
586
Future operating results depend upon the Company’s ability to obtain key components including but not limited to microprocessors, NAND flash memory, DRAM and LCDs at favorable prices and in sufficient quantities.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
587
Because the Company currently obtains certain key components including but not limited to microprocessors, enclosures, certain LCDs, certain optical drives, and ASICs, from single or limited sources, the Company is subject to significant supply and pricing risks.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
588
Many of these and other key components that are available from multiple sources including but not limited to NAND flash memory, DRAM and certain LCDs, are subject at times to industry-wide shortages and significant commodity pricing fluctuations.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
589
The Company has entered into certain agreements for the supply of key components including but not limited to microprocessors, NAND flash memory, DRAM and LCDs with favorable pricing, but there can be no guarantee that the Company will be able to extend or renew these agreements on similar favorable terms, or at all, u...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
590
The follow-on effects from the credit crisis on the Company’s key suppliers, referred to in “Economic conditions could materially adversely affect the Company” above, which is incorporated herein by reference, also could affect the Company’s ability to obtain key components.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
591
Therefore, the Company remains subject to significant risks of supply shortages and/or price increases that could materially adversely affect the Company’s financial condition and operating results.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
592
The Company expects to experience decreases in its gross margin percentage in future periods, as compared to levels achieved during the first half of 2011, largely due to a higher mix of new and innovative products that have higher cost structures and deliver greater value to customers, and expected and potential futur...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
593
For additional information refer to Part I, Item 2, “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” under the subheading “Gross Margin,” which is incorporated herein by reference.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
594
The Company and other participants in the mobile communication and media device, and personal computer industries compete for various components with other industries that have experienced increased demand for their products.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
595
The Company uses some custom components that are not common to the rest of these industries.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
596
The Company’s new products often utilize custom components available from only one source.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
597
When a component or product uses new technologies, initial capacity constraints may exist until the suppliers’ yields have matured or manufacturing capacity has increased.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
598
Continued availability of these components at acceptable prices, or at all, may be affected if those suppliers decided to concentrate on the production of common components instead of components customized to meet the Company’s requirements.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
599
If the supply of a key single-sourced component for a new or existing product were delayed or constrained, if such components were available only at significantly higher prices, or if a key manufacturing vendor delayed shipments of completed products to the Company, the Company’s financial condition and operating resul...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
600
Please also refer to the discussion of risks related to the March 11, 2011, Japan earthquake and tsunami in Part I, Item 2, “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” under the subheading “Japan Earthquake and Tsunami,” which is incorporated herein by reference.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
601
The Company depends on component and product manufacturing and logistical services provided by third parties, many of whom are located outside of the U.S.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
602
Substantially all of the Company’s manufacturing is performed in whole or in part by a few outsourcing partners.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
603
The Company has also outsourced much of its transportation and logistics management.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
604
While these arrangements may lower operating costs, they also reduce the Company’s direct control over production and distribution.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
605
It is uncertain what effect such diminished control will have on the quality or quantity of products or services, or the Company’s flexibility to respond to changing conditions.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
606
Although arrangements with such manufacturers or individual component suppliers may contain provisions for warranty expense reimbursement, the Company may remain responsible to the consumer for warranty service in the event of product defects.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
607
In addition, the Company relies on third-party manufacturers to adhere to the Company’s supplier code of conduct.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
608
Any unanticipated product defect or warranty liability, whether pursuant to arrangements with outsourcing partners or otherwise, or material violations of the supplier code of conduct, could materially adversely affect the Company’s reputation, financial condition and operating results.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
609
The supply and manufacture of many critical components is performed by sole-sourced third-party vendors in the U.S., Asia and Europe.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
610
Single-sourced third-party vendors in Asia perform final assembly of substantially all of the Company’s hardware products.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
611
If manufacturing or logistics in these locations is disrupted for any reason including, but not limited to, natural disasters, information technology system failures, military actions or economic, business, labor, environmental, public health, or political issues, the Company’s financial condition and operating results...
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
612
Please also refer to the discussion of risks related to the March 11, 2011, Japan earthquake and tsunami in Part I, Item 2, “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” under the subheading “Japan Earthquake and Tsunami,” which is incorporated herein by reference.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
613
The Company relies on third-party intellectual property and digital content, which may not be available to the Company on commercially reasonable terms or at all.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
614
Many of the Company’s products are designed to include third-party intellectual property, and in the future the Company may need to seek or renew licenses relating to various aspects of its products and business.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
615
Although the Company believes that, based on past experience and industry practice, such licenses generally could be obtained on reasonable terms, there is no assurance that the necessary licenses would be available on acceptable terms or at all.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
616
If the Company is unable to obtain or renew critical licenses on reasonable terms, the Company’s financial condition and operating results may be materially adversely affected.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
617
The Company also contracts with certain third parties to offer their digital content through the Company’s iTunes Store.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
618
The Company’s licensing arrangements with these third parties are short-term and do not guarantee the continuation or renewal of these arrangements on reasonable terms, if at all.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
619
Some third-party content providers currently or in the future may offer competing products and services, and could take action to make it more difficult or impossible for the Company to license their content in the future.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
620
Other content owners, providers or distributors may seek to limit the Company’s access to, or increase the total cost of, such content.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
621
If the Company is unable to continue to offer a wide variety of content at reasonable prices with acceptable usage rules, or continue to expand its geographic reach, the Company’s financial condition and operating results may be materially adversely affected.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
622
Many third-party content providers require that the Company provide certain DRM and other security solutions.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
623
If these requirements change, the Company may have to develop or license new technology to provide these solutions.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
624
There is no assurance the Company will be able to develop or license such solutions at a reasonable cost and in a timely manner.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
625
In addition, certain countries have passed or may propose legislation that would force the Company to license its DRM, which could lessen the protection of content and subject it to piracy and also could affect arrangements with the Company’s content providers.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
626
The Company’s future results could be materially adversely affected if it is found to have infringed on intellectual property rights.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
627
Technology companies, including many of the Company’s competitors, frequently enter into litigation based on allegations of patent infringement or other violations of intellectual property rights.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
628
In addition, patent holding companies seek to monetize patents they have purchased or otherwise obtained.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
629
As the Company has grown, the intellectual property rights claims against it have increased and may continue to increase as it develops new products and technologies.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
630
In particular, with the introduction of iPhone and 3G enabled iPads, the Company began to compete with mobile communication and media device companies that hold significant patent portfolios, and the number of patent claims against the Company in that technological space has increased.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
631
The Company is vigorously defending infringement actions in courts in a number of U.S. jurisdictions and before the U.S. International Trade Commission, as well as internationally in Europe and Asia.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
632
The plaintiffs in these actions frequently seek injunctions and substantial damages.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
633
The Company’s products and technologies may not be able to withstand these or any other third-party claims regardless of the merits of the claim.
0001193125-11-104388/full-submission.txt
0000320193
20110421
10-Q
634
Regardless of the scope or validity of such patents or the merits of any patent claims by potential or actual litigants, the Company may have to engage in protracted litigation, enter into expensive license agreements or settlements, pay significant damage awards, and/or modify or even discontinue one or more of its pr...
0001193125-11-104388/full-submission.txt