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0000320193
20060203
10-Q
923
The trial court issued the disqualification order on May 12, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
924
On May 9, 2005 Plaintiff substituted new counsel.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
925
The Company has obtained an opinion on the tax issue from the State Board of Equalization.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
926
The parties have reached a settlement and the matter is concluded.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
927
Settlement of this case did not have a material effect on the Company’s financial position or results of operation.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
928
Clark v. Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
929
Plaintiff filed this purported class action on February 2, 2005 in Santa Clara County Superior Court alleging defects in the Company’s “yo-yo” power adapters.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
930
Plaintiffs requested unspecified damages and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
931
The parties reached a tentative settlement in this matter.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
932
The Court granted preliminary approval of the settlement on April 19, 2005 and on January 10, 2006, the Court gave final approval of the settlement.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
933
The matter is concluded.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
934
Settlement of this matter did not have a material effect on the Company’s financial position or results of operation.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
935
Compression Labs, Inc. v. Apple Computer, Inc., et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
936
; Apple v. Compression Labs, Inc., et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
937
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).
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
938
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
939
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 t...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
940
Additional actions regarding this patent have been filed in other jurisdictions.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
941
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
942
The MDL Panel has transferred all of the cases to the Northern District of California.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
943
The defendants in the Texas and Delaware actions had filed motions to dismiss prior to the transfer and both motions are still pending.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
944
A Markman hearing is set for February 13, 2006.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
945
Contois Music Technology LLC v. Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
946
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
947
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
948
The Company filed an answer on November 23, 2005 denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
949
Craft v. Apple Computer, Inc. (filed December 23, 2003, Santa Clara County Superior Court); Chin v. Apple Computer, Inc. (filed December 23, 2003, San Mateo County Superior Court); Hughes v. Apple Computer, Inc. (filed December 23, 2003, Santa Clara County Superior Court); Westley v. Apple Computer, Inc. (filed Decembe...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
950
The complaints include causes of action for violation of California Business and Professions Code §17200 (unfair competition), the Consumer Legal Remedies Action and claims for false advertising, fraudulent concealment, and breach of warranty.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
951
The complaints sought unspecified damages and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
952
The cases were consolidated in San Mateo County and Plaintiffs thereafter filed a consolidated complaint.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
953
On August 25, 2004, the Company filed an answer denying all allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
954
A similar complaint relative to iPod battery life, Mosley v. Apple Computer, Inc., was filed in Westchester County, New York on June 23, 2004 alleging violations of New York General Business Law Sections 349 (unfair competition) and 350 (false advertising).
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
955
This case was stayed.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
956
The parties reached a tentative settlement of all cases, and the court granted preliminary approval of the settlement on May 20, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
957
The court entered an order granting final approval to the settlement on August 25, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
958
An appeal challenging the trial court’s approval of the settlement was filed on October 24, 2005, but was subsequently withdrawn.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
959
The settlement is now final.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
960
Settlement of this matter will not have a material effect on the Company’s financial position or results of operations.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
961
A similar complaint related to the iPod battery life, Lenzi v. Apple Canada, Inc. was filed in Montreal, Quebec, Canada, on June 7, 2005, seeking authorization to institute a class action on behalf of Generations 1, 2 and 3 iPod owners in Quebec.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
962
On February 2, 2006, the Court dismissed plaintiff’s motion for authorization to institute a class action (motion for certification).
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
963
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
964
Both actions define the purported class as a national class consisting of all persons in Canada who have purchased or who own an iPod.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
965
A motion for certification of the class proceeding has been scheduled for the Spring of 2006.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
966
Davis v. Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
967
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
968
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
969
Plaintiff requests unspecified damages and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
970
The Company filed a demurrer and motion to strike which were granted, in part, and Plaintiff filed an amended complaint.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
971
The Company filed an answer on April 17, 2003 denying all allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
972
Plaintiff subsequently amended its complaint.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
973
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
974
The Court granted the motion but allowed Plaintiff to retain substitute counsel.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
975
Plaintiff did engage new counsel for the general public, but not for the class.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
976
The Company moved to disqualify Plaintiff’s new counsel and to have the Court dismiss the general public claims for equitable relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
977
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
978
The Company appealed the ruling and the case was stayed pending the outcome of the appeal.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
979
The Court of Appeal denied the appeal on August 17, 2005, affirming the trial court’s decision.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
980
The Company filed a Petition for review with the California Supreme Court, which was denied on November 23, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
981
European Commission Investigation The European Commission has notified the Company that it is investigating certain matters relating to the iTunes Music Store in the European Union (EU).
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
982
The European Commission is investigating claims made by Which?, a United Kingdom (UK) consumer association, that the Company is violating EU competition law by charging more for online music in the UK than in Eurozone countries and preventing UK consumers from purchasing online music from the iTunes Music Store for Eur...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
983
The Which?
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
984
claims were originally lodged with the UK Office of Fair Trading, which subsequently referred them to the European Commission.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
985
The European Commission is investigating the charges under Articles 81 and 82 of the European Commission Treaty.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
986
Gillis et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
987
v. Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
988
Plaintiffs filed this purported class action on December 23, 2005 in San Diego County Superior Court alleging that the Company has misrepresented the hard drive capacity of two Powerbook G4 computers: the 12 inch, 1.5 GHz computer with 512 MB of memory and a 100GB hard drive; and the 15 inch, 1.67 GHz computer with 1GB...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
989
Plaintiffs allege that the Company’s standard disclosure on its packaging regarding hard drive size was not present on the packaging for these two models.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
990
The complaint alleges violations of the California Business & Profession Code sections §17200 (unfair competition), California Business & Profession Code §17500 (false advertising), the Consumer Legal Remedies Act, and causes of action for deceit and negligent misrepresentation.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
991
Plaintiffs seek restitution and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
992
The Company’s response is not yet due.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
993
Gobeli Research Ltd. v. Apple Computer, Inc., et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
994
Plaintiff Gobeli Research Ltd. filed this patent infringement action against the Company and Sun Microsystems, Inc. on April 15, 2004 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. patent 5,418,968 related to a “System and Method of Controlling In...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
995
Plaintiff sought unspecified damages and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
996
The Company filed an answer on June 9, 2004, denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
997
The Company also asserted counterclaims requesting declaratory judgment of non-infringement and invalidity.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
998
A Markman hearing took place August 9, 2005, and the Court issued a ruling on August 26, 2005 invalidating one of Plaintiff’s two claims.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
999
On October 18, 2005, a Stipulation entered into by the parties was filed removing Mac OS 9 from the case.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,000
The case settled and was dismissed on January 13, 2006.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,001
Settlement of this matter did not have a material effect on the Company’s financial position or results of operations.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,002
Goldberg, et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,003
v. Apple Computer, Inc., et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,004
(f.k.a.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,005
“Dan v. Apple Computer, Inc.”) Plaintiffs filed this purported class action on September 22, 2003 in Los Angeles County Superior Court against the Company and other members of the computer industry on behalf of an alleged nationwide class of purchasers of certain computer hard drives.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,006
The case alleges violations of California Business and Professions Code §17200 (unfair competition), the Consumer Legal Remedies Act and false advertising related to the size of the drives.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,007
Plaintiffs allege that calculation of hard drive size using the decimal method misrepresents the actual size of the drive.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,008
The complaint seeks restitution and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,009
Plaintiff filed an amended complaint on March 30, 2004 and the Company filed an answer on September 23, 2004, denying all allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,010
Defendants filed a motion to strike portions of the complaint based on sales by resellers and filed a motion for judgment on the pleadings based upon Proposition 64.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,011
The Court granted both motions at a hearing on April 6, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,012
Plaintiff thereafter filed an amended complaint on May 6, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,013
The Defendants filed a demurrer on June 6, 2005, which was heard on August 22, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,014
The Court granted the demurrer in part and denied it in part.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,015
Plaintiff filed an amended complaint and the Company filed an answer on December 15, 2005 denying all allegations and asserting numerous assertive defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,016
Honeywell International, Inc., et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,017
v. Apple Computer, Inc., et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,018
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.” Plain...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,019
The Company filed an answer on December 21, 2004 denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,020
The Company has tendered the case to several suppliers.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,021
On May 18, 2005 the Court stayed the case against the Company and the other supplier defendants.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,022
Plaintiffs filed an amended complaint on November 7, 2005 adding additional defendants and expanding the scope of the accused products.
0001104659-06-005910/full-submission.txt