cik stringclasses 1
value | date stringlengths 8 8 | form stringclasses 4
values | sentenceCount int64 0 2.33k | sentence stringlengths 2 5.25k | filename stringlengths 40 40 |
|---|---|---|---|---|---|
0000320193 | 20070202 | 10-Q | 465 | Controls and Procedures
Evaluation of Disclosure Controls and Procedures
Based on an evaluation under the supervision and with the participation of the Company’s management, the Company’s principal executive officer and principal financial officer have concluded that the Company’s disclosure controls and procedures as ... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 466 | Changes in Internal Control Over Financial Reporting
There were no changes in the Company’s internal control over financial reporting during the first quarter of 2007, which were identified in connection with management’s evaluation required by paragraph (d) of rules 13a-15 and 15d-15 under the Exchange Act, that have ... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 467 | PART II. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 468 | OTHER INFORMATION
Item 1. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 469 | Legal Proceedings
The Company is subject to various legal proceedings and claims that are discussed below. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 470 | The Company is also subject to certain other legal proceedings and claims that have arisen in the ordinary course of business and which have not been fully adjudicated. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 471 | In the opinion of management, the Company does not have a potential liability
related to any current legal proceedings and claims that would individually or in the aggregate have a material adverse effect on its financial condition, liquidity or results of operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 472 | However, the results of legal proceedings cannot be predicted with certainty. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 473 | Should the Company fail to prevail in any of these legal matters or should several of these legal matters be resolved against the Company in the same reporting period, the operating results of a particular reporting period could be materially adversely affected. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 474 | The Company settled certain matters during the first quarter of 2007 that did not individually or in the aggregate have a material impact on the Company’s results of operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 475 | Allen v. Apple Computer, Inc.
On January 28, 2005, a plaintiff filed a purported nationwide class action in Los Angeles Superior Court alleging that a defect in the Company’s 17-inch Studio Display monitors results in dimming of half of the screen and constant blinking of the power light. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 476 | Plaintiff filed an amended complaint on October 24, 2005, adding additional named plaintiffs and expanding the alleged class to include purchasers of the 20-inch Apple Cinema Display and the 23-inch Apple Cinema HD Display. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 477 | The amended complaint alleges that the displays have a purported defect that causes dimming of one-half of the screen, and that the Company misrepresented the quality of the displays and/or concealed the purported defect. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 478 | Plaintiffs assert claims under California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising), and the Consumer Legal Remedies Act. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 479 | The amended complaint seeks remedies including damages and equitable relief. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 480 | On November 14, 2005, the Company filed an answer to the amended complaint as to the allegations regarding the 17-inch display and a demurrer/motion to strike as to the allegations regarding the 20-inch and 23-inch displays on the ground that plaintiffs failed to allege that they purchased those displays. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 481 | At a status conference on November 1, 2005, the Court ordered plaintiffs to amend their complaint. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 482 | Plaintiff filed an amended complaint on December 12, 2005, and the Company answered on January 5, 2006 denying all allegations and asserting numerous affirmative defenses. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 483 | The Company has reached a settlement in this matter, which was given preliminary approval by the Court on September 18, 2006. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 484 | The final approval hearing is scheduled for February 15, 2007. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 485 | Settlement of this matter will not have a material effect on the Company’s financial position or results of operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 486 | Apple Computer, Inc. v. Burst.com, Inc. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 487 | The Company filed an action for declaratory judgment against defendant Burst.com, Inc. on January 4, 2006 in the United States District Court for the Northern District of California. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 488 | The Company seeks declaratory judgment that U.S. Patent Nos. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 489 | 4,963,995, 5,164,839, 5,057,932 and 5,995,705 (“Burst patents”) are invalid and not infringed by the Company. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 490 | Burst filed an answer and counterclaim on April 17, 2006. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 491 | Burst alleges that the following Apple products and services infringe U.S. Patent Nos. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 492 | 4,963,995, 5,057,932, 5,164,839, and 5,995,705; iTunes Store, iPod devices, QuickTime products (including QuickTime player and QuickTime Streaming Server), iTunes software, other Apple software products (Final Cut Studio, GarageBand, iMovie, iDVD, iWeb), the use of the .Mac services and Apple computers and servers runn... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 493 | The Burst patents allegedly relate to methods and devices used for “burst” transmission of audio or video files. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 494 | The case is in discovery. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 495 | A claim construction hearing is set for February 8, 2007. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 496 | Trial is set for February 26, 2008. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 497 | Apple Corps Ltd. v. Apple Computer, Inc.; Apple Computer, Inc. v. Apple Corps Ltd. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 498 | Plaintiff Apple Corps filed this action on July 4, 2003 in the High Court of Justice, Chancery Division, in London alleging that the Company has breached a 1991 agreement that resolved earlier trademark litigation between the parties regarding use of certain Apple marks. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 499 | Plaintiff seeks an injunction, unspecified damages, and other relief. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 500 | The Company filed a motion on October 13, 2003, challenging jurisdiction in the U.K. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 501 | The Court denied this motion on April 7, 2004. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 502 | The Company filed an appeal of the Court’s decision but subsequently withdrew the appeal. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 503 | In November 2004, plaintiff served the Company with an Amended Bill of Particulars and on December 23, 2004, the Company filed a Defence. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 504 | On November 24, 2005, plaintiff filed a Re-Amended Bill of Particulars and the Company filed its Defence on December 16, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 505 | Trial took place from March 29, 2006 through April 5, 2006. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 506 | Judgment was given in favor of the Company on May 8, 2006 and Apple Corps was ordered to pay a portion of the Company’s fees, the amount to be agreed or determined in a subsequent proceeding. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 507 | Apple Corps has filed an appeal, which is scheduled to be heard in late February 2007. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 508 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 509 | Apple Corps challenged jurisdiction in the California case but the Court denied that challenge on March 25, 2004. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 510 | Apple Corps subsequently prevailed on a motion to stay the California case during the pendency of the U.K. action. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 511 | The Company has dismissed the California lawsuit without prejudice. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 512 | Bader v. Anderson, et al. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 513 | Plaintiff filed this purported shareholder derivative action against the Company and each of its then 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 ... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 514 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 515 | Performance Bonus Plan, which was approved by shareholders at the annual meeting held on April 21, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 516 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 517 | Plaintiff seeks injunctive and other relief for purported injury to the Company. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 518 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 519 | On January 10, 2006, the Court sustained defendants’ demurrer to the amended complaint, with leave to amend. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 520 | Plaintiff filed a second amended complaint on February 7, 2006, and the Company filed a demurrer. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 521 | After a hearing on June 13, 2006, the Court sustained the demurrer without leave to amend as to the non-director officers and with leave to amend as to the directors. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 522 | On July 24, 2006, plaintiff filed a third amended complaint, which purports to bring claims derivatively as well as directly on behalf of a class of common stockholders who have been or will be harmed by virtue of the allegedly misleading proxy statement. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 523 | In addition to reasserting prior causes of action, the third amended complaint includes a claim that the Company violated the terms of the plan, and a claim for waste related to restricted stock unit grants to certain officers in 2003 and 2004 and an option grant to the Company’s CEO in January 2000. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 524 | The Company filed a demurrer to the third amended complaint. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 525 | On January 30, 2007, the Court sustained the Company’s demurrer with leave to amend. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 526 | Baghdasarian, et al. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 527 | v. Apple Computer, Inc. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 528 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 529 | The complaint alleges that the Company misrepresented the transmission rates of these products. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 530 | 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). | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 531 | The complaint seeks damages and equitable remedies. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 532 | On December 15, 2005, the Company filed an answer denying all allegations and asserting numerous affirmative defenses. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 533 | The parties have reached a settlement and have filed a request for dismissal. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 534 | The settlement will not have a material effect on the Company’s financial position or results of operations. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 535 | Birdsong v. Apple Computer, Inc. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 536 | This action alleges 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 537 | The Birdsong action was initially filed on January 30, 2006 in the United States District Court for the Western District of Louisiana asserting Louisiana causes of action on behalf of a purported Louisiana class of iPod purchasers. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 538 | A similar action (Patterson v. Apple Computer, Inc.) was filed on January 31, 2006 in the United States District Court for the Northern District of California asserting California causes of action on behalf of a purported class of all iPod purchasers within the four-year period before January 31, 2006. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 539 | The Birdsong action was transferred to the Northern District of California, and the Patterson action was dismissed. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 540 | An amended complaint was subsequently filed in Birdsong, dropping the Louisiana law-based claims and adding California law-based claims equivalent to those in Patterson. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 541 | After the Company filed a motion to dismiss on November 3, 2006, plaintiffs agreed not to oppose the motion and filed a second amended complaint on January 16, 2007. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 542 | That complaint alleges California law-based claims for 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 and negligent misrepresentation on behal... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 543 | The Company has until March 1, 2007 to respond to the amended complaint. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 544 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 545 | Branning et al. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 546 | v. Apple Computer, Inc. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 547 | Plaintiffs originally filed this purported class action in San Francisco County Superior Court on February 17, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 548 | 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 ho... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 549 | Plaintiffs also brought causes of action for misappropriation of trade secrets, breach of contract and violation of the Song-Beverly Consumer Warranty Act. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 550 | Plaintiffs requested unspecified damages and other relief. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 551 | On May 9, 2005, the Court granted the Company’s motion to transfer the case to Santa Clara County Superior Court. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 552 | 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.) | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 553 | and a claim for false advertising. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 554 | The Company filed a demurrer to the amended complaint, which the Court sustained in its entirety on November 10, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 555 | The Court granted plaintiffs leave to amend and they filed an amended complaint on December 29, 2005. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 556 | 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... | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 557 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 558 | 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. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 559 | Plaintiffs filed an amended complaint adding one new plaintiff. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 560 | The Company filed a demurrer, which was granted in part on September 9, 2006. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 561 | Plaintiffs filed a further amended complaint on September 21, 2006. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 562 | On October 2, 2006, the Company filed an answer denying all allegations and asserting numerous affirmative defenses. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 563 | The case is in discovery. | 0001104659-07-006648/full-submission.txt |
0000320193 | 20070202 | 10-Q | 564 | Charoensak v. Apple Computer, Inc. (formerly Slattery v. Apple Computer, Inc.)
The original plaintiff (Slattery) filed this 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... | 0001104659-07-006648/full-submission.txt |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.