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0000320193
20071115
10-K
736
The Company also asserted counterclaims for declaratory judgment of noninfringement and invalidity.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
737
Premier International Associates LLC v. Apple Computer, Inc.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
738
Plaintiff filed this action on November 3, 2005 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement by the Company of U.S. Patent Nos.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
739
6,243,725 and 6,763,345 both entitled "List Building System."
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
740
The complaint sought unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
741
The Company filed an answer on January 13, 2006 denying all material allegations and asserting numerous affirmative defenses.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
742
The Company also asserted counterclaims for a declaratory judgment of noninfringement and invalidity.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
743
A Markman hearing was held on May 17, 2007 and the court issued its claim construction ruling on May 23, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
744
Trial was scheduled for December 3, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
745
The parties have reached a settlement and the matter is concluded.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
746
Settlement of this matter did not have a material effect on the Company's financial condition or operating results.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
747
Quantum Technology Management, Ltd. v. Apple Computer, Inc.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
748
Plaintiff filed this action on December 21, 2005 in the United States District Court for the District of Maryland against the Company and Fingerworks, Ltd., alleging infringement of U.S. Patent No.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
749
5,730,165 entitled "Time Domain Capacitive Field Detector."
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
750
The complaint seeks unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
751
On May 11, 2006, Quantum filed an amended complaint adding Cypress Semiconductor/MicroSystems, Inc. as a defendant.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
752
On July 31, 2006, the Company filed an answer denying all material allegations and asserting numerous affirmative defenses and also filed counterclaims for non-infringement and invalidity.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
753
On November 30, 2006, plaintiff filed a reply to the Company's counterclaims and a More Definite Statement.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
754
A Markman hearing was held on May 16, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
755
On June 7, 2007, the court issued a claim construction ruling, and also issued an order invalidating six of plaintiff's asserted patent claims in response to the Company's motion for partial summary judgment of invalidity.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
756
Saito Shigeru Kenchiku Kenkyusho (Shigeru Saito Architecture Institute) v. iPod; Apple Japan Inc. v. Shigeru Saito Architecture Institute Plaintiff Saito filed a petition in the Japan Customs Office in Tokyo on January 23, 2007 alleging infringement by the Company of Japanese Patent No.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
757
3852854, entitled "Touch Operation Input Device and Electronic Parts Thereof."
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
758
The petition sought an order barring the importation into Japan of fifth generation iPods and second generation iPod nanos.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
759
The Customs Office held a hearing on March 22, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
760
The Customs Office rejected the petition to bar importation and dismissed plaintiff's case.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
761
Apple Japan, Inc. filed a Declaratory Judgment action against Saito on February 6, 2007, seeking a declaration that the '854 patent is invalid and not infringed.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
762
Saito filed a Counter Complaint for infringement seeking damages.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
763
SP Technologies LLC v. Apple Inc.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
764
Plaintiff filed this action against the Company on August 2, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. Patent No.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
765
6,784,873 entitled "Method and Medium for Computer Readable Keyboard Display Incapable of User Termination."
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
766
The complaint seeks unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
767
The Company's response to the complaint is not yet due.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
768
St-Germain v. Apple Canada, Inc.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
769
Plaintiff filed this case in Montreal, Quebec, Canada, on August 5, 2005, seeking authorization to institute a class action for the refund by the Company of the Canadian Private Copying Levy that was applied to the iPod purchase price in Quebec between December 12, 2003 and December 14, 2004 but later declared invalid ...
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
770
The Company has completed a refund program for this levy.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
771
A class certification hearing took place January 13, 2006.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
772
On February 24, 2006, the Court granted class certification and notice was published during the last week of March 2006.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
773
The trial was conducted on October 15 and 16, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
774
The Court has not yet issued a decision.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
775
Texas MP3 Technologies Ltd v. Apple Inc. et al.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
776
Plaintiff filed this action against the Company and other defendants on February 16, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. Patent No.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
777
7,065,417 entitled "MPEG Portable Sound Reproducing System and A Reproducing Method Thereof."
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
778
The complaint seeks unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
779
On July 12, 2007, the Company filed a petition for reexamination of the patent, which the U.S. Patent and Trademark Office granted.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
780
Plaintiff filed an amended complaint on August 1, 2007, adding the iPhone as an accused device.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
781
On August 2, 2007, the Company filed a motion to stay the litigation pending the outcome of the reexamination, which the Court denied.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
782
The Company filed an answer on August 20, 2007, denying all material allegations and asserting numerous affirmative defenses.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
783
The Company also asserted counterclaims for declaratory judgment of noninfringement and invalidity.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
784
The Apple iPod iTunes Antitrust Litigation (formerly Charoensak v. Apple Computer, Inc. and Tucker v. Apple Computer, Inc.); Black v. Apple Inc.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
785
The first-listed action is a consolidated case combining two cases previously pending under the names Charoensak v. Apple Computer Inc. (formerly Slattery v. Apple Computer Inc.) and Tucker v. Apple Computer, Inc.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
786
The original plaintiff (Slattery) in the Charoensak case filed a 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 the iTunes Store with the purchase of iPods and unlawful a...
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
787
Plaintiff's complaint alleged violations of §§1 and 2 of the Sherman Act (15 U.S.C.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
788
§§1 and 2), California Business & Professions Code §16700 et seq.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
789
(the Cartwright Act), California Business & Professions Code §17200 (unfair competition), common law unjust enrichment and common law monopolization.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
790
Plaintiff sought unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
791
The Company filed a motion to dismiss on February 10, 2005.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
792
On September 9, 2005, the Court denied the motion in part and granted it in part.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
793
Plaintiff filed an amended complaint on September 23, 2005 and the Company filed an answer on October 18, 2005.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
794
In August 2006, the court dismissed Slattery without prejudice and allowed plaintiffs to file an amended complaint naming two new plaintiffs (Charoensak and Rosen).
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
795
On November 2, 2006, the Company filed an answer to the amended complaint denying all material allegations and asserting numerous affirmative defenses.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
796
The Tucker case was filed as a purported class action on July 21, 2006 in the United States District Court for the Northern District of California alleging various claims including alleged unlawful tying of music and videos purchased on the iTunes Store with the purchase of iPods and vice versa and unlawful acquisition...
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
797
The complaint alleges violations of §§1 and 2 of the Sherman Act (15 U.S.C.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
798
§§1 and 2), California Business & Professions Code §16700 et seq.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
799
(the Cartwright Act), California Business & Professions Code §17200 (unfair competition) and the California Consumer Legal Remedies Act.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
800
Plaintiff sought unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
801
On November 3, 2006, the Company filed a motion to dismiss the complaint.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
802
On December 20, 2006, the Court denied the motion to dismiss.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
803
On January 11, 2007, The Company filed an answer denying all material allegations and asserting numerous defenses.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
804
On March 20, 2007, the Court consolidated the two cases.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
805
Plaintiffs filed a consolidated complaint on April 19, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
806
On June 6, 2007, the Company filed an answer to the consolidated complaint denying all material allegations and asserting numerous affirmative defenses.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
807
A related class action complaint, Black v. Apple Inc., was filed on August 27, 2007 in the Circuit Court in Broward County, Florida, alleging that the Company is attempting to maintain a monopoly by precluding customers from using non-iTunes downloads on iPods and from using iTunes music on non-iPod MP3 players.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
808
Plaintiff alleges that the Company's alleged monopolization violates the Florida Antitrust Act and the Florida Deceptive and Unfair Trade Practices Act.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
809
Plaintiff seeks unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
810
The Company removed the case to the United States District Court for the Southern District of Florida on September 28, 2007, and filed a motion to transfer the case to the Northern District of California on October 12, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
811
The Company's motion to transfer was granted on October 17, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
812
Tse v. Apple Computer, Inc. et al.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
813
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 of U.S. Patent No.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
814
6,665,797 entitled "Protection of Software Again [sic] Against Unauthorized Use."
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
815
The complaint seeks unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
816
The Company filed an answer on October 31, 2005 denying all material allegations and asserting numerous affirmative defenses.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
817
On October 28, 2005, the Company and the other defendants filed a motion to transfer the case to the Northern District of California, which was granted on August 31, 2006.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
818
On July 24, 2007, the Company filed a petition for reexamination of the patent, which the U.S. Patent and Trademark Office granted.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
819
On July 25, 2007, the Company filed a motion to stay the litigation pending the outcome of the reexamination, which the court granted on October 4, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
820
Union Fédérale des Consummateurs-Que Choisir v. Apple Computer France S.à.r.l.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
821
and iTunes S.à.r.l.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
822
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 Store and that the music from the iTun...
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
823
Plaintiff seeks damages, injunctive relief and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
824
The first hearing on the case took place on May 24, 2005.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
825
The Company's response to the complaint was served on November 8, 2005.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
826
Plaintiff's responsive pleading was filed on February 10, 2006.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
827
The Company filed a reply on June 6, 2006 and UFC filed a response on September 19, 2006.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
828
Vitt v. Apple Computer, Inc.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
829
Plaintiff filed this purported class action on November 7, 2006 in the United States District Court for the Central District of California on behalf of a purported nationwide class of all purchasers of the iBook G4 alleging that the computer's logic board fails at an abnormally high rate.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
830
The complaint alleges violations of California Business & Professions Code §17200 (unfair competition) and California Business & Professions Code §17500 (false advertising).
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
831
Plaintiff seeks unspecified damages and other relief.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
832
The Company filed a motion to dismiss on January 19, 2007, which the court granted on March 13, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
833
Plaintiffs filed an amended complaint on March 26, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
834
The Company filed a motion to dismiss on August 16, 2007, which was heard on October 4, 2007.
0001047469-07-009340/full-submission.txt
0000320193
20071115
10-K
835
Vogel v. Jobs et al.
0001047469-07-009340/full-submission.txt