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0000320193
20060203
10-Q
1,023
Given the stay, the Company’s response to the amended complaint is not yet due.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,024
MacTech Systems v. Apple Computer, Inc.; Macadam v. Apple Computer, Inc.; Computer International, Inc. v. Apple Computer, Inc.; Elite Computers and Software, Inc. v. Apple Computer, Inc.; The Neighborhood Computer Store v. Apple Computer, Inc. MacAccessory Center, Inc. v. Apple Computer, Inc.; MacAccessory Center, Inc....
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,025
Plaintiffs request unspecified damages and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,026
The Company answered the Computer International complaint on November 12, 2003, denying all allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,027
The Company filed an answer in the Macadam case on December 3, 2004 denying all allegations and asserting numerous defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,028
Three of the other plaintiffs filed amended complaints on February 7, 2005, and on March 16, 2005 the Company filed answers to these claims denying all allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,029
A sixth Plaintiff, MacAccessory Center, filed a complaint on February 23, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,030
The Company filed an answer to this complaint on April 20, 2005 denying all allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,031
All of these cases with the exception of Macadam are in discovery and are coordinated (along with the Branning class action) in Santa Clara Superior Court.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,032
The cases (except Branning) are set for trial on November 27, 2006.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,033
On December 19, 2005, Tom Santos, Macadam’s principal and an original plaintiff in the Macadam case, filed a Fifth Amended Complaint on his own behalf (not on behalf of Macadam) alleging fraud, violations of California Business & Professional Code §17200 (unfair competition), California Business & Professional Code §17...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,034
The Company filed a demurrer to Santos’ amended complaint and a special motion to strike the defamation cause of action on January 20, 2006.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,035
A hearing is scheduled for February 17, 2006.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,036
The Company also filed a cross complaint against Santos on January 20, 2006 alleging violations of California Business & Professional Code §17200, fraud and deceit, breach of contract, and violation of California Penal Code §502.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,037
On October 1, 2003, one of the reseller Plaintiffs, Macadam, was deauthorized as an Apple reseller.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,038
Macadam filed a motion for a temporary order to reinstate it as a reseller, which the Court denied.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,039
The Court denied Macadam’s motion for a preliminary injunction on December 19, 2003.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,040
On December 6, 2004 Macadam filed for Chapter 11 Bankruptcy in the Northern District of California, which placed a stay on the litigation as to Macadam only.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,041
The Company filed a claim in the bankruptcy proceedings on February 16, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,042
The Macadam bankruptcy case was converted to Chapter 7 (liquidation) on April 29, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,043
The Company has reached a tentative settlement of the Macadam case with the Chapter 7 Bankruptcy Trustee.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,044
The parties await approval of that settlement by the Bankruptcy Court.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,045
Macsolutions Inc. v. Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,046
Plaintiff Macsolutions, Inc., an Apple authorized reseller, filed this lawsuit against the Company on January 20, 2006 alleging breach of contract, fraud, misappropriation of trade secrets, intentional interference with economic advantage, violation of the Cartwright Act, violation of California Business & Professions ...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,047
The factual allegations in this complaint are similar to those in the six other reseller cases and the Branning class action.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,048
Principally, Plaintiffs allege that the Company has treated Macsolutions unfairly compared to other resellers, that the Company has competed unfairly in opening the Apple Retail stores, and has allegedly sold used goods as new.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,049
The Company's response is not yet due.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,050
Premier International Associates LLC v. Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,051
Plaintiff Premier International Associates LLC 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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,052
Patents 6,243,725 and 6,763,345 both entitled “List Building System.” The complaint seeks unspecified damages and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,053
The Company filed an answer on January 13, 2006 denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,054
The Company also asserted counter claims for a declaratory judgment of noninfringement and invalidity.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,055
Slattery v. Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,056
Plaintiff 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 the iTunes Music Store with the purchase of iPods and vice versa and unlawful acquisition or maintenan...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,057
Plaintiff’s complaint alleged violations of §§1 and 2 of the Sherman Act (15 U.S.C.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,058
§§1 and 2), California Business and Professions Code §16700 et seq.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,059
(the Cartwright Act), California Business and Professions Code §17200 (unfair competition), common law unjust enrichment and common law monopolization.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,060
Plaintiff seeks unspecified damages and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,061
The Company filed a motion to dismiss on February 10, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,062
On September 9, 2005, the Court denied the motion in part and granted it in part.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,063
Plaintiff filed an amended complaint on September 23, 2005 and the Company filed an answer on October 11, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,064
The case is in discovery.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,065
St-Germain v. Apple Canada, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,066
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 ...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,067
A class certification hearing took place January 13, 2006 and the Company awaits a ruling.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,068
The Company is in the process of completing a refund program for this levy.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,069
Teleshuttle Technologies, LLC and BTG International Inc. v. Microsoft Corporation and Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,070
Plaintiffs filed this case on July 20, 2004 in United States District Court for the Northern District of California alleging infringement of U.S. patent 6,557,054, entitled “Method and System for Distributing Updates by Presenting Directory of Software Available for User Installation That is Not Already Installed on Us...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,071
The Company filed an answer on October 18, 2004, denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,072
On August 22, 2005, the Company filed an amended answer to add charges of inequitable conduct.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,073
The case is in discovery.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,074
Markman briefing is completed.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,075
A technology tutorial and Markman hearing are scheduled for March 2006.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,076
Tse v. Apple Computer, Inc. et al.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,077
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...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,078
The Company filed an answer on October 31, 2005 denying all material allegations and asserting numerous affirmative defenses.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,079
On October 28, 2005, the Company and the other defendants filed a motion to transfer the case to the Northern District of California.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,080
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...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,081
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...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,082
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...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,083
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...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,084
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,085
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,086
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,087
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,088
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,089
The complaints seek damages and various other remedies.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,090
The Company’s responses to these complaints are not yet due.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,091
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,092
The motion is unopposed and the Company awaits a ruling.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,093
Five of the actions are stayed pending a ruling on the Company’s MDL motion.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,094
The Company is seeking stays in the remaining actions.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,095
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,096
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.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,097
Union Federale des Consummateurs - Que Choisir v. Apple Computer France S.A.R.L.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,098
and iTunes S.A.R.L.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,099
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...
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,100
Plaintiff seeks damages, injunctive relief and other relief.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,101
The first hearing on the case took place on May 24, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,102
The Company’s response to the complaint was served on November 8, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,103
Item 6.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,104
Exhibits (a) Index to Exhibits Incorporated by Reference Exhibit Number Exhibit Description Form Filing Date/ Period End Date Filed Herewith 3.1 Restated Articles of Incorporation, filed with the Secretary of State of the State of California on January 27, 1988.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,105
S-3 7/27/88 3.2 Amendment to Restated Articles of Incorporation, filed with the Secretary of State of the State of California on May 4, 2000.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,106
10-Q 5/11/00 3.3 By-Laws of the Company, as amended through June 7, 2004.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,107
10-Q 6/26/04 3.4 Certificate of Amendment to Restated Articles of Incorporation, as amended, filed with the Secretary of State of the State of California on February 25, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,108
10-Q 3/26/05 4.2 Indenture dated as of February 1, 1994, between the Company and Morgan Guaranty Trust Company of New York.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,109
10-Q 4/01/94 4.3 Supplemental Indenture dated as of February 1, 1994, among the Company, Morgan Guaranty Trust Company of New York, as resigning trustee, and Citibank, N.A., as successor trustee.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,110
10-Q 4/01/94 4.5 Form of the Company’s 6 1/2% Notes due 2004.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,111
10-Q 4/01/94 4.8 Registration Rights Agreement, dated June 7, 1996 among the Company and Goldman, Sachs & Co. and Morgan Stanley & Co.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,112
Incorporated.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,113
S-3 8/28/96 4.9 Certificate of Determination of Preferences of Series A Non-Voting Convertible Preferred Stock of Apple Computer, Inc. 10-K 9/26/97 10.A.3 Apple Computer, Inc. Savings and Investment Plan, as amended and restated effective as of October 1, 1990.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,114
10-K 9/27/91 10.A.3-1 Amendment of Apple Computer, Inc. Savings and Investment Plan dated March 1, 1992.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,115
10-K 9/25/92 10.A.3-2 Amendment No.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,116
2 to the Apple Computer, Inc. Savings and Investment Plan.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,117
10-Q 3/28/97 10.A.5 1990 Stock Option Plan, as amended through November 5, 1997.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,118
10-Q 12/26/97 10.A.6 Apple Computer, Inc.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,119
Employee Stock Purchase Plan, as amended through April 21, 2005.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,120
10-Q 3/26/05 10.A.8 Form of Indemnification Agreement between the Registrant and each officer of the Registrant.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,121
10-K 9/26/97 10.A.43 NeXT Computer, Inc. 1990 Stock Option Plan, as amended.
0001104659-06-005910/full-submission.txt
0000320193
20060203
10-Q
1,122
S-8 3/21/97 10.A.49 Employee Stock Option Plan, as amended through October 19, 2001.
0001104659-06-005910/full-submission.txt