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0000320193
20060505
10-Q
644
Trial took place from March 29, 2006 through April 5, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
645
The parties await a ruling.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
646
On October 8, 2003, the Company filed a lawsuit against Apple Corps in the United States District Court for the Northern District of California requesting a declaratory judgment that the Company has not breached the 1991 agreement.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
647
Apple Corps challenged jurisdiction in the California case but the Court denied that challenge on March 25, 2004.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
648
Apple Corps subsequently prevailed on a motion to stay the California case during the pendency of the U.K. action.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
649
The Company has dismissed the California lawsuit without prejudice.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
650
Bader v. Anderson; Bader v. Apple Computer, Inc. et al.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
651
Plaintiff filed this purported shareholder derivative action against the Company and each of its current executive officers and members of its Board of Directors on May 19, 2005 in Santa Clara County Superior Court asserting claims for breach of fiduciary duty, material misstatements and omissions, and violations of Ca...
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
652
Plaintiff alleges that the Company’s March 14, 2005, proxy statement was false and misleading for failure to disclose certain information relating to the Apple Computer, Inc.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
653
Performance Bonus Plan, which was approved by shareholders at the annual meeting held on April 21, 2005.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
654
Plaintiff, who ostensibly brings suit on the Company’s behalf, has made no demand on the Board of Directors and alleges that such demand is excused.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
655
Plaintiff seeks injunctive and other relief for purported injury to the Company.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
656
On July 27, 2005, Plaintiff filed an amended complaint alleging that, in addition to the purported derivative claims, adoption of the bonus plan and distribution of the proxy statement describing that plan also inflicted injury on her directly as an individual shareholder.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
657
On January 10, 2006, the Court sustained defendants’ demurrer to the amended complaint, with leave to amend.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
658
Plaintiff filed a second amended complaint on February 7, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
659
The Company filed a demurrer to that complaint on April 20, 2006 and a hearing is scheduled for June 13, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
660
Baghdasarian, et al.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
661
v. Apple Computer, Inc.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
662
Plaintiffs filed this action in Los Angeles County Superior Court on October 31, 2005, on behalf of a purported nationwide class of all purchasers of all Apple wireless products (router, modem, or adaptor) sold at any time.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
663
The complaint alleges that the Company misrepresented the transmission rates of these products.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
664
The complaint alleges causes of action for breach of express warranty and for violations of the Consumer Legal Remedies Act, California Business & Professions Code §17200 (unfair competition) and California Business & Professions Code §17500 (false advertising).
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
665
The complaint seeks damages and equitable remedies.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
666
The Company filed an answer denying all allegations and asserting numerous affirmative defenses to the complaint on December 15, 2005.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
667
Birdsong v. Apple Computer, Inc.; Patterson v. Apple Computer, Inc.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
668
These federal court complaints allege that the Company’s iPod music players, and the ear bud headphones sold with them, are inherently defective in design and are sold without adequate warnings concerning the risk of noise-induced hearing loss by iPod users.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
669
The Birdsong action was initially filed on January 30, 2006 in the United States Antitrust Court for the Western District of Louisiana on behalf of a purported Louisiana class of iPod purchasers and alleges violations of the Louisiana Products Liability Act, breaches of implied warranties, unjust enrichment and neglige...
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
670
The Patterson action was filed on January 31, 2006 in the United States Antitrust Court for the Northern District of California on behalf of a purported class of all iPod purchasers within the four-year period before January 31, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
671
That action alleges breaches of implied and express warranties, violations of California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising), the Consumer Legal Remedies Act, breaches of express and implied warranties, negligent misrepresentation an...
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
672
The Birdsong action has been transferred to the Northern District of California and assigned to the same judge as in Patterson.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
673
The Company’s responses to the Birdsong and Patterson complaints are not yet due.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
674
A similar complaint, Royer-Brennan v. Apple Computer, Inc. and Apple Canada, Inc., was filed in Montreal, Quebec, Canada, on February 1, 2006, seeking authorization to institute a class action on behalf of iPod purchasers in Quebec.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
675
Preliminary motions must be filed by May 5, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
676
Branning et al.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
677
v. Apple Computer, Inc.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
678
Plaintiffs originally filed this purported class action in San Francisco County Superior Court on February 17, 2005.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
679
The initial complaint alleged violations of California Business & Professions Code §17200 (unfair competition) and violation of the Consumer Legal Remedies Act (CLRA) regarding a variety of purportedly unfair and unlawful conduct including, but not limited to, allegedly selling used computers as new and failing to hono...
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
680
Plaintiffs also brought causes of action for misappropriation of trade secrets, breach of contract, and violation of the Song-Beverly Act.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
681
Plaintiffs requested unspecified damages and other relief.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
682
On May 9, 2005, the Court granted the Company’s motion to transfer the case to Santa Clara County Superior Court.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
683
On May 2, 2005, Plaintiffs filed an amended complaint adding two new named plaintiffs and three new causes of action including a claim for treble damages under the Cartwright Act (California Business & Professions Code §16700 et seq.)
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
684
and a claim for false advertising.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
685
The Company filed a demurrer to the amended complaint, which the Court sustained in its entirety on November 10, 2005.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
686
The Court granted Plaintiffs leave to amend and they filed an amended complaint on December 29, 2005.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
687
Plaintiffs’ amended complaint added three plaintiffs and alleged many of the same factual claims as the previous complaints, such as alleged selling of used equipment as new, alleged failure to honor warranties and service contracts for the consumer plaintiffs, and alleged fraud related to the opening of the Apple Reta...
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
688
Plaintiffs continued to assert causes of action for unfair competition (§17200), violations of the CLRA, breach of contract, misappropriation of trade secrets, violations of the Cartwright Act and alleged new causes of action for fraud, conversion and breach of the implied covenant of good faith and fair dealing.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
689
The Company filed a demurrer to the amended complaint on January 31, 2006, which the Court sustained on March 3, 2006 on sixteen of seventeen causes of action.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
690
Butzer, et al.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
691
v. Apple Computer, Inc.; Wirges v. Apple Computer, Inc.; Blackwell v. Apple Computer, Inc.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
692
Plaintiffs filed the Butzer action on August 23, 2005, in the United States District Court for the Northern District of California, San Jose Division, on behalf of a purported nationwide class of all purchasers of the Company’s PowerBook G4 portable computers.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
693
The complaint alleges defects in the memory of the computers.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
694
The complaint alleges that this purported defect extends to other series of the Company’s portables and states that plaintiffs reserve the right to amend the complaint to include these other series.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
695
Plaintiffs assert claims for alleged violations of California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising), the Consumer Legal Remedies Act (CLRA) and the Song-Beverly Consumer Warranty Act.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
696
The complaint seeks remedies including restitution and/or damages and injunctive relief.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
697
The Wirges action was filed on January 20, 2006 in the United States District Court for the Eastern District of Arkansas, also on behalf of a purported nationwide class, and makes similar allegations.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
698
Plaintiffs assert claims for breach of warranties, violation of the Magnuson-Moss Act, strict products liability and unjust enrichment.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
699
The complaint seeks restitution, damages and other remedies.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
700
The Blackwell action was filed on February 10, 2006, on behalf of a purported nationwide class, and makes identical allegations to those made in the Butzer case.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
701
Plaintiffs assert claims for breach of express and implied warranties, violation of the California CLRA, violation of the California Song-Beverly Act, false advertising and unfair competition.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
702
The complaint seeks restitution, an injunction and other remedies.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
703
The Company filed an answer to the Butzer complaint on October 19, 2005 denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
704
The case is in discovery.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
705
The Company filed an answer to the Wirges action on February 28, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
706
The Company has filed a motion to transfer the Wirges case to the Northern District of California.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
707
The Company filed an answer to the Blackwell complaint on March 15, 2006 denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
708
Compression Labs, Inc. v. Apple Computer, Inc., et al.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
709
; Apple v. Compression Labs, Inc., et al.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
710
Plaintiff Compression Labs, Inc. filed this patent infringement action on April 22, 2004 against the Company and twenty-seven other defendants in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. patent 4,698,672 (the ‘672 patent).
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
711
Plaintiff alleges that the Company infringes the patent by complying with the JPEG standard as defined by CCITT Recommendation T.81 entitled “Information Technology-Digital Compression and Coding of Continuous Tone Still Images-Requirements and Guidelines.” Plaintiff seeks unspecified damages and other relief.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
712
On July 2, 2004, the Company and several other defendants in the Texas action filed a lawsuit in the United States District Court in Delaware against Compression Labs, Inc. and two other companies, requesting a declaratory judgment of non-infringement, invalidity, implied license and unenforceability with respect to th...
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
713
Additional actions regarding this patent have been filed in other jurisdictions.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
714
On February 16, 2005, the Panel on Multi-District Litigation (MDL) granted a petition filed by certain defendants seeking coordination and transfer of all of these cases to one court for pre-trial proceedings.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
715
The MDL Panel has transferred all of the cases to the Northern District of California.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
716
The defendants in the Texas and Delaware actions had filed motions to dismiss prior to the transfer and both motions are still pending.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
717
A Markman hearing took place on March 9, 2006 and the parties await a ruling.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
718
Contois Music Technology LLC v. Apple Computer, Inc.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
719
Plaintiff Contois Music Technology (“Contois”) filed this action on June 13, 2005 in the United States District Court for Vermont, alleging infringement by the Company of U.S. Patent No.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
720
5,864,868, entitled “Computer Control System and User Interface for Media Playing Devices.” The complaint, which was served on October 4, 2005, seeks unspecified damages and other relief.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
721
The Company filed an answer on November 23, 2005 denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
722
A Markman hearing is scheduled for June 13, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
723
Two similar complaints relative to iPod battery life, Wolfe v. Apple and Hirst v. Apple, were filed in Toronto, Ontario, Canada on August 15, 2005 and September 12, 2005, respectively.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
724
Both actions define the purported class as a national class consisting of all persons in Canada who have purchased or who own an iPod.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
725
In addition, a similar complaint regarding iPod battery life, Hamiliton v. Apple Computer, Inc. and Apple Canada, Inc. was filed in Calgary, Alberta, Canada on October 5, 2005, purportedly on behalf of all purchasers of iPods in Alberta, Canada.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
726
That complaint has not been served.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
727
A motion for certification is set for June 9, 2006.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
728
Davis v. Apple Computer, Inc.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
729
Plaintiff filed this purported class action in San Francisco County Superior Court on December 5, 2002, alleging that the Company engaged in unfair and deceptive business practices relating to its AppleCare Extended Service and Warranty Plan.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
730
Plaintiff asserts causes of action for violation of California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising), breach of the Song-Beverly Warranty Act, intentional misrepresentation and concealment.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
731
Plaintiff requests unspecified damages and other relief.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
732
The Company filed a demurrer and motion to strike which were granted, in part, and Plaintiff filed an amended complaint.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
733
The Company filed an answer on April 17, 2003 denying all allegations and asserting numerous affirmative defenses.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
734
Plaintiff subsequently amended his complaint.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
735
On October 29, 2003, the Company filed a motion to disqualify Plaintiff’s counsel in his role as counsel to the purported class and to the general public.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
736
The Court granted the motion but allowed Plaintiff to retain substitute counsel.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
737
Plaintiff did engage new counsel for the general public, but not for the class.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
738
The Company moved to disqualify Plaintiff’s new counsel and to have the Court dismiss the general public claims for equitable relief.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
739
The Court declined to disqualify Plaintiff’s new counsel or to dismiss the equitable claims, but did confirm that the class action claims are dismissed.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
740
The Company appealed the ruling and the case was stayed pending the outcome of the appeal.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
741
The Court of Appeals denied the appeal on August 17, 2005, affirming the trial court’s decision.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
742
The Company filed a Petition for review with the California Supreme Court, which was denied on November 23, 2005.
0001104659-06-031303/full-submission.txt
0000320193
20060505
10-Q
743
The case has been remanded back to the trial court.
0001104659-06-031303/full-submission.txt