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 |
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0000320193 | 20071115 | 10-K | 536 | The Burst patents allegedly relate to methods and devices used for faster-than-real-time transmission of compressed audio and/or video files. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 537 | The court issued its claim construction ruling on May 8, 2007. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 538 | The Company filed motions for summary judgment of invalidity on January 4, 2007 and July 13, 2007. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 539 | The court held a hearing on those pending motions on September 18, 2007 and has not issued a decision. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 540 | The Company filed motions for summary judgment and partial summary judgment relating to enablement, indefiniteness and laches on October 29, 2007. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 541 | Trial is set for February 26, 2008. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 542 | Bader v. Anderson, et al. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 543 | 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 o... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 544 | The complaint alleged 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 545 | Performance Bonus Plan, which was approved by shareholders at the annual meeting held on April 21, 2005. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 546 | Plaintiff, who ostensibly brings suit on the Company's behalf, made no demand on the Board of Directors and alleged that such demand was excused. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 547 | The complaint sought injunctive and other relief for purported injury to the Company. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 548 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 549 | On January 10, 2006, the Court sustained defendants' demurrer to
the amended complaint, with leave to amend. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 550 | Plaintiff filed a second amended complaint on February 7, 2006, and the Company filed a demurrer. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 551 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 552 | On July 24, 2006, plaintiff filed a third amended complaint, which purported 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 553 | In addition to reasserting prior causes of action, the third amended complaint included 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 554 | The Company filed a demurrer to the third amended complaint. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 555 | On January 30, 2007, the Court sustained the Company's demurrer with leave to amend. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 556 | On May 8, 2007, plaintiff filed a fourth amended complaint. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 557 | The Company filed a demurrer to the fourth amended complaint, which the court sustained, without leave to amend, on October 12, 2007. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 558 | On October 25, 2007, the Court entered a final judgment in favor of defendant and ordered the case dismissed with prejudice. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 559 | Birdsong v. Apple Computer, Inc. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 560 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 561 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 562 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 563 | The Birdsong action was transferred to the Northern District of California, and the Patterson action was dismissed. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 564 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 565 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 566 | 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... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 567 | On March 1, 2007, the Company filed a motion to dismiss the California law based claims. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 568 | The court held a hearing on the motion to dismiss on June 4, 2007 but has not yet issued a ruling. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 569 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 570 | At the request of plaintiffs' counsel, the court has postponed class certification proceedings in this action indefinitely. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 571 | Branning et al. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 572 | v. Apple Computer, Inc. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 573 | Plaintiffs originally filed this purported class action in San Francisco County Superior Court on February 17, 2005. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 574 | 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... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 575 | Plaintiffs also brought causes of action for misappropriation of trade secrets, breach of contract and violation of the Song-Beverly Consumer Warranty Act. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 576 | Plaintiffs requested unspecified damages and other relief. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 577 | On May 9, 2005, the Court granted the Company's motion to transfer the case to Santa Clara County Superior Court. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 578 | 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 §
et seq.) | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 579 | and a claim for false advertising. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 580 | The Company filed a demurrer to the amended complaint, which the Court sustained in its entirety on November 10, 2005. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 581 | The Court granted plaintiffs leave to amend and they filed an amended complaint on December 29, 2005. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 582 | 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... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 583 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 584 | 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. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 585 | Plaintiffs filed an amended complaint adding one new plaintiff. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 586 | The Company filed a demurrer, which was granted in part on September 9, 2006. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 587 | Plaintiffs filed a further amended complaint on September 21, 2006. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 588 | On October 2, 2006, the Company filed an answer denying all allegations and asserting numerous affirmative defenses. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 589 | European Commission Investigation
The European Commission is investigating certain matters relating to the iTunes Stores in Europe. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 590 | The European Commission had previously notified the Company that it was investigating claims made by Which?, a United Kingdom ("U.K.") consumer association, that the Company is violating EU competition law by charging more for online music in the U.K. than in Eurozone countries and preventing U.K. consumers from purcha... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 591 | The Which? | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 592 | claims were originally lodged with the U.K. Office of Fair Trading, which subsequently referred them to the European Commission. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 593 | On March 30, 2007, the European Commission issued Statements of Objections to the major record labels, Apple Inc. and iTunes S.à.r.l. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 594 | In the Statements of Objections, the Commission challenges provisions in the agreements pursuant to which each major record company authorizes iTunes S.à.r.l. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 595 | to distribute digital music downloads through the iTunes Store. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 596 | The Commission contends that, because of these provisions, residents of the European Economic Area are only permitted to buy music from the iTunes Store for the country that issued the customer's credit card. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 597 | The Commission contends that these provisions are territorial sales restrictions which violate Article 81 of the European Community Treaty. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 598 | The Commission seeks fines and behavioral relief. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 599 | The Company filed its responses to the Statements of Objections on June 20, 2007. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 600 | A hearing on the Statements of Objections took place in Brussels, Belgium on September 19, 2007. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 601 | Gordon v. Apple Computer, Inc. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 602 | Plaintiff filed this purported class action on August 31, 2006 in the United States District Court for the Northern District of California, San Jose Division, on behalf of a purported nationwide class of consumers who purchased 65W Power Adapters for iBooks and Powerbooks between November 2002 and the present. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 603 | The complaint alleges various problems with the 65W Adapter, including fraying, sparking, and premature failure. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 604 | Plaintiffs allege violations of California Business & Professions Code §17200 (unfair competition), the Consumer Legal Remedies Act, the Song-Beverly Consumer Warranty Act and breach of warranties. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 605 | The complaint seeks damages and equitable relief. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 606 | The Company filed an answer on October 20, 2006 denying the material allegations and asserting numerous affirmative defenses. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 607 | Harvey v. Apple Inc. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 608 | Plaintiff filed this action on August 6, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement by the Company of U.S. Patent No. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 609 | 6,753,671 entitled "Recharger for use with a portable electronic device and which includes a proximally located light emitting
device" and U.S. Patent No. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 610 | 6,762,584 entitled "Recharger for use with a portable electronic device and which includes a connector terminus for communicating with rechargeable batteries contained within the device." | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 611 | The complaint seeks unspecified damages and other relief. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 612 | The Company filed an answer on October 12, 2007 denying all material allegations and asserting numerous affirmative defenses. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 613 | The Company also asserted counterclaims for declaratory judgment of noninfringement and invalidity. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 614 | Honeywell International, Inc., et al. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 615 | v. Apple Computer, Inc., et al. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 616 | Plaintiffs Honeywell International, Inc. and Honeywell Intellectual Properties, Inc. filed this action on October 6, 2004 in the United States District Court in Delaware alleging infringement by the Company and other defendants of U.S. Patent 5,280,371 entitled "Directional Diffuser for a Liquid Crystal Display." | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 617 | Plaintiffs seek unspecified damages and other relief. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 618 | The Company filed an answer on December 21, 2004 denying all material allegations and asserting numerous affirmative defenses. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 619 | The Company has tendered the case to several liquid crystal display manufacturer suppliers. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 620 | On May 18, 2005 the Court stayed the case against the Company and the other non-manufacturer defendants. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 621 | Plaintiffs filed an amended complaint on November 7, 2005 adding additional defendants and expanding the scope of the accused products. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 622 | Given the stay, the Company's response to the amended complaint is not yet due. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 623 | In re Apple Computer, Inc. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 624 | Derivative Litigation (formerly Karant v. Jobs, et al. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 625 | and Related Actions) (Federal Action)
On June 30, 2006, a putative derivative action captioned Karant v. Jobs, et. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 626 | al., was filed in the United States District Court for the Northern District of California, San Jose Division. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 627 | A number of related actions were filed in the subsequent weeks and have been consolidated into a single action captioned In re Apple Computer, Inc. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 628 | Derivative Litigation, Master File No. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 629 | C-06-04128-JF before the Hon. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 630 | Jeremy Fogel. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 631 | The actions were filed after the Company's announcement on June 29, 2006 that an internal investigation had discovered irregularities related to the issuance of certain stock option grants made between 1997 and 2001, that a special committee of the Company's outside directors had retained independent counsel to perform... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 632 | The action purports to assert claims on behalf of the Company against several current and former executive officers and members of the Board of Directors alleging improper backdating of stock option grants to maximize certain defendants' profits, failing to properly account for and take tax deductions for those grants,... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 633 | The Company is named as a nominal defendant. | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 634 | The consolidated complaint alleges various causes of action under federal and California law, including claims for unjust enrichment, breach of fiduciary duty, violation of the California Corporations Code, abuse of control, gross mismanagement, rescission, constructive fraud and waste of corporate assets, as well as c... | 0001047469-07-009340/full-submission.txt |
0000320193 | 20071115 | 10-K | 635 | Plaintiffs seek damages, disgorgement, restitution and imposition of a constructive trust. | 0001047469-07-009340/full-submission.txt |
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