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0000320193 | 20060505 | 10-Q | 844 | Tse v. Apple Computer, Inc. et al. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 845 | 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 by the Company of U.S. Patent 6,665,797 entitled “Protection of Software Again [sic] Against Unauthorized Use.” The complaint seeks u... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 846 | The Company filed an answer on October 31, 2005 denying all material allegations and asserting numerous affirmative defenses. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 847 | On October 28, 2005, the Company and the other defendants filed a motion to transfer the case to the Northern District of California. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 848 | Union Federale des Consummateurs - Que Choisir v. Apple Computer France S.A.R.L. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 849 | and iTunes S.A.R.L. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 850 | 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 Music Store and that the music from th... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 851 | Plaintiff seeks damages, injunctive relief and other relief. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 852 | The first hearing on the case took place on May 24, 2005. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 853 | The Company’s response to the complaint was served on November 8, 2005. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 854 | Plaintiff’s responsive pleading was filed on February 10, 2006. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 855 | The Company’s reply submission is not yet due. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 856 | Wimmer v. Apple Computer, Inc. (originally filed as Tomczak v. Apple Computer, Inc. on October 19, 2005 in the United States District Court for the Northern District of California, San Jose Division; amended complaint filed October 26, 2005); Moschella, et al., v. Apple Computer, Inc. (filed October 26, 2005 United Sta... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 857 | v. Apple Computer, Inc. (filed October 26, 2005, Los Angeles County Superior Court); Kahan, et al., v. Apple Computer, Inc. (filed October 31, 2005, United States District Court for the Southern District of New York); Jennings, et al., v. Apple Computer, Inc. (filed November 4, 2005, United States District Court for th... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 858 | The Wimmer and Moschella actions were brought on behalf of purported nationwide classes of iPod nano purchasers, with the exception of California purchasers, and allege violations of the consumer protection, express and implied warranty statutes of each state covered by the putative class definition, as well as neglige... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 859 | The Calado action was brought on behalf of a purported California class of iPod nano purchasers and asserts claims for alleged violation of California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising), the Consumer Legal Remedies Act (CLRA), breac... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 860 | The Jennings action was brought on behalf of a purported class of all iPod nano purchasers outside of the United States,
based upon alleged violations of the same California statutes as in the Calado complaint. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 861 | The Kahan action was brought on behalf of a purported New York class of iPod nano purchasers and alleges claims under the New York unfair competition law, breach of express warranty and unjust enrichment. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 862 | The Rappel complaint is filed on behalf of a purported New Jersey class of purchasers and alleges claims under the New Jersey Consumer Fraud Acts and for breach of warranty and unjust enrichment. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 863 | The Mayo and Williamson complaints were both brought on behalf of a Louisiana class of purchasers, and allege breach of warranties, unjust enrichment and violations of the Louisiana Products Liability Act. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 864 | The Valencia complaint was brought on behalf of a worldwide class of purchasers and alleges breach of warranties, fraudulent concealment, violations of California’s Business & Professions Code §17200 and §17500 and the CLRA, negligent misrepresentation and unjust enrichment. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 865 | The complaints seek damages and various other remedies. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 866 | The Sioson complaint was brought on behalf of a purported class of California purchasers. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 867 | The complaint alleges breach of express and implied warranties, unjust enrichment, fraudulent concealment, and violation of California Business & Professions Code §17200 (unfair competition), California Business & Professions Code § 17500 (false advertising), the CLRA; it purports to seek relief based upon alleged scra... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 868 | The Company filed a motion for transfer and consolidation before Judicial Panel on Multi-District Litigation (MDL) to have all of the federal cases transferred to the Northern District of California and consolidated for pre-trial purposes. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 869 | In an order dated April 17, 2006, the MDL Panel granted the Company’s motion and transferred the federal cases to the Northern District of California before the Honorable Ronald M. Whyte. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 870 | The federal cases are all stayed pending further order by Judge Whyte following the MDL Panel’s order, and accordingly the responses to the federal complaints are not yet due. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 871 | The Company’s response to the Calado complaint is not yet due. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 872 | The case is stayed pending a ruling on the petition for coordination with the Sioson action. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 873 | The Court has recommended coordination of these two cases in Los Angeles Superior Court. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 874 | Two similar complaints, Carpentier v. Apple Canada, Inc., and Royer-Brennan v. Apple Computer, Inc. and Apple Canada, Inc. were filed in Montreal, Quebec, Canada, on October 27, 2005 and November 9, 2005, respectively, seeking authorization to institute class actions on behalf of iPod nano purchasers in Quebec. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 875 | A similar complaint, Mund v. Apple Canada Inc. and Apple Computer, Inc., was filed in Ontario, Canada on January 9, 2006 seeking authorization to institute a class action on behalf of iPod nano purchasers in Canada. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 876 | In the two Quebec Class Actions, a motion to stay the Royer-Brennan suit for lis pendens was heard by the Court on April 21, 2006. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 877 | The parties await a decision. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 878 | Item 1A. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 879 | Risk Factors
Because of the following factors, as well as other factors affecting the Company’s operating results and financial condition, past financial performance should not be considered to be a reliable indicator of future performance, and investors should not use historical trends to anticipate results or trends ... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 880 | General economic conditions and current economic and political uncertainty could adversely affect the demand for the Company’s products and the financial health of its suppliers, distributors, and resellers. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 881 | The Company’s operating performance depends significantly on general economic conditions in the U.S. and abroad. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 882 | At times in the past, demand for the Company’s products has been negatively impacted by difficult global economic conditions. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 883 | Additionally, some of the Company’s education customers appeared to be delaying technology purchases due to concerns about the overall impact of the weaker economy and state budget deficits on their available funding. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 884 | Although recent macroeconomic trends seem to indicate an economic recovery, continued uncertainty about future economic conditions makes it difficult to forecast future demand for the Company’s products and related operating results. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 885 | Should global and/or regional economic conditions deteriorate, demand for the Company’s products could be adversely affected, as could the financial health of its suppliers, distributors, and resellers. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 886 | War, terrorism, public health issues or other business interruptions could disrupt supply, delivery or demand of products, which could negatively affect the Company’s operations and performance. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 887 | War, terrorism, public health issues and other business interruptions whether in the U.S. or abroad, have caused and could cause damage or disruption to international commerce by creating economic and political uncertainties that may have a strong negative impact on the global economy, the Company, and the Company’s su... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 888 | The Company’s major business operations are subject to interruption by earthquake, other natural disasters, fire, power shortages, terrorist attacks and other hostile acts, labor disputes, public health issues, and other events beyond its control. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 889 | The majority of the Company’s research and development activities, its corporate headquarters, information technology systems, and other critical business operations, including certain component suppliers and manufacturing vendors, are located near major seismic faults. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 890 | Because the Company does not carry earthquake
insurance for direct quake-related losses, the Company’s operating results and financial condition could be materially adversely affected in the event of a major earthquake or other natural or manmade disaster. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 891 | Although it is impossible to predict the occurrences or consequences of any such events, such events could result in a decrease in demand for the Company’s products, make it difficult or impossible for the Company to deliver products to its customers or to receive components from its suppliers, and could create delays ... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 892 | In addition, should major public health issues, including pandemics, arise, the Company could be negatively impacted by the need for more stringent employee travel restrictions, additional limitations in the availability of freight services, governmental actions limiting the movement of products between various regions... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 893 | The Company’s operating results and financial condition have been, and in the future may be, adversely affected by these events. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 894 | The market for personal computers and related peripherals and services, as well as digital music devices and related services, is highly competitive. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 895 | If the Company is unable to effectively compete in these markets, its results of operations could be adversely affected. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 896 | The personal computer industry is highly competitive and is characterized by aggressive pricing practices, 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 adoption... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 897 | Over the past several years, price competition in the market for personal computers and related peripherals has been particularly intense as competitors who sell Windows and Linux based personal computers have aggressively cut prices and lowered their product margins for personal computing products. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 898 | The Company’s results of operations and financial condition have been, and in the future may continue to be, adversely affected by these and other industry-wide pricing pressures and downward pressures on gross margins. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 899 | The personal computer industry has also been characterized by rapid technological advances in software functionality, hardware performance, and features based on existing or emerging industry standards. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 900 | Further, as the personal computer industry and its customers place more reliance on the Internet, an increasing number of Internet devices that are smaller and simpler than traditional personal computers may compete for market share with the Company’s existing products. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 901 | Several competitors of the Company have either targeted or announced their intention to target certain of the Company’s key market segments, including consumer, education, professional and consumer digital video editing, and design and publishing. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 902 | Several of the Company’s competitors have introduced or announced plans to introduce digital music products and/or online stores offering digital music distribution that mimic many of the unique design, technical features, and solutions of the Company’s products. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 903 | The Company has a significant number of competitors, many of whom have greater financial, marketing, manufacturing, and technological resources, as well as broader product lines and larger installed customer bases than those of the Company. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 904 | Additionally, there has been a trend towards consolidation in the personal computer industry that has resulted in larger and potentially stronger competitors in the Company’s markets. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 905 | The Company is currently the only maker of hardware using the Mac OS. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 906 | The Mac OS has a minority market share in the personal computer market, which is dominated by makers of computers utilizing other competing operating systems, including Windows and Linux. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 907 | The Company’s future operating results and financial condition are substantially dependent on its ability to continue to develop improvements to the Macintosh platform to maintain perceived design and functional advantages over competing platforms. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 908 | Additionally, if unauthorized copies of the Mac OS are used on other companies’ hardware products and result in decreased demand for the Company’s hardware products, the Company’s results of operations may be adversely affected. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 909 | The Company is currently focused on market opportunities related to digital music distribution and related consumer electronic devices, including iPods. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 910 | The Company faces increasing competition from other companies promoting their own digital music products, including music enabled cell phones, distribution services, and free peer-to-peer music services. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 911 | These competitors include both new entrants with different market approaches, such as subscription services models, and also larger companies that may have greater technical, marketing, distribution, and other resources than those of the Company, as well as established hardware, software, and digital content supplier r... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 912 | In addition, certain countries have proposed or may propose in the future new legislation that would cause suppliers of technical protection measures to provide information so that content may be played on any system, which could have an impact on the Company’s ability to offer new and innovative products in a timely m... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 913 | Failure to effectively compete could negatively affect the Company’s operating results and financial position. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 914 | There can be no assurance that the Company will be able to continue to provide products and services that effectively compete in these markets or successfully distribute and sell digital content outside the U.S. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 915 | The Company may also have to respond to price competition by lowering prices and/or increasing features which could adversely affect the Company’s music product gross margins as well as overall Company gross margins. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 916 | The Company also faces increased competition in the U.S. education market. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 917 | U.S. elementary and secondary schools, as well as college and university customers, remain a core market for the Company. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 918 | Uncertainty in this channel remains as several competitors of the Company have either targeted or announced their intention to target the education market for personal computers, which could negatively affect the Company’s market share. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 919 | In an effort to regain market share and remain competitive, the Company has been and will continue to pursue one-to-one (1:1) learning solutions in education. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 920 | 1:1 learning solutions typically consist of iBook portable systems for every student and teacher along with a wireless network connected to a central server. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 921 | These 1:1 learning solutions and other strategic sales are generally priced more aggressively and could result in significantly less profitability or even in financial losses, particularly for larger deals. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 922 | Although the Company believes it has taken certain steps to strengthen its position in the education market, there can be no assurance that the Company will be able to increase or maintain its share of the education market or execute profitably on large strategic arrangements. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 923 | Failure to do so may have an adverse impact on the Company’s operating results and financial condition. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 924 | The Company’s transition from PowerPC microprocessors used by Macintosh computers to microprocessors built by Intel is subject to numerous risks. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 925 | In June 2005, the Company announced its intention to transition from the use of PowerPC microprocessors to the use of Intel microprocessors in all of its Macintosh computers by the end of calendar year 2007. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 926 | As of April 1, 2006, the Company has introduced the new iMac®, MacBook Pro™, and Mac® mini computers, which run on Intel microprocessors. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 927 | The Company now expects to complete this transition by the end of calendar year 2006. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 928 | This transition is subject to numerous risks and uncertainties, including the Company’s ability to timely develop and deliver new products using Intel microprocessors, the timely innovation and delivery of related hardware and software products, including the Company’s applications, to support Intel microprocessors, ma... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 929 | In addition, the Company is dependent on third-party software developers such as Microsoft and Adobe continuing to support current applications that run on PowerPC-based computers and timely developing versions of current and future applications that run on Intel and PowerPC-based Macintosh computers. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 930 | Microsoft and Adobe have announced that their Universal versions of Microsoft Office and Creative Suite applications, respectively, may not be available until calendar year 2007. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 931 | The Company’s inability to timely deliver new Intel-based products or obtain developer commitment both to continue supporting applications that run on PowerPC microprocessors and timely transition their applications to run natively on Intel-based products may have an adverse impact on the Company’s results of operation... | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 932 | The Company’s ongoing transition to Intel microprocessors has negatively impacted and may continue to negatively impact sales of current and future Macintosh products containing PowerPC microprocessors, as customers may elect to delay purchases until the Intel-based products are available. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 933 | Additionally, there can be no assurance that the Company will be able to maintain its historical gross margin percentages on its products, including Intel-based Macintosh computers, which may adversely impact the Company’s results of operations. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 934 | Future operating results are dependent upon the Company’s ability to obtain a sufficient supply of components, including microprocessors, some of which are in short supply or available only from limited sources. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 935 | Although most components essential to the Company’s business are generally available from multiple sources, certain key components including microprocessors and ASICs are currently obtained by the Company from single or limited sources. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 936 | Some key components (including without limitation DRAM, NAND flash-memory, and TFT-LCD flat-panel displays), while currently available to the Company from multiple sources, are at times subject to industry-wide availability and pricing pressures. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 937 | In addition, new products introduced by the Company often initially utilize custom components obtained from only one source until the Company has evaluated whether there is a need for, and subsequently qualifies additional suppliers. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 938 | In situations where a component or product utilizes new technologies, initial capacity constraints may exist until such time as the suppliers’ yields have matured. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 939 | The Company and other producers in the personal computer industry also compete for various components with other industries that have experienced increased demand for their products. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 940 | The Company uses some components that are not common to the rest of the personal computer industry including certain microprocessors and ASICs. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 941 | Continued availability of these
components may be affected if producers decided to concentrate on the production of components other than those customized to meet the Company’s requirements. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 942 | If the supply of a key component were delayed or constrained on a new or existing product, the Company’s results of operations and financial condition could be adversely affected. | 0001104659-06-031303/full-submission.txt |
0000320193 | 20060505 | 10-Q | 943 | The Company’s ability to produce and market competitive products is dependent on the ability and desire of IBM and Freescale Semiconductor, Inc. (Freescale) to supply PowerPC G4 and G5 microprocessors and Intel to supply its microprocessors for the Company’s Macintosh computers and to provide the Company with a suffici... | 0001104659-06-031303/full-submission.txt |
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