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
|
20080201
|
10-Q
| 569
|
v. Apple Computer, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 570
|
Plaintiffs originally filed this purported class action in San Francisco County Superior Court on February 17, 2005.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 571
|
The initial complaint alleged violations of California Business & Professions Code §17200 (unfair competition) and violation of the Consumer Legal Remedies Act regarding a variety of purportedly unfair and unlawful conduct including, but not limited to, allegedly selling used computers as new and failing to honor warranties.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 572
|
Plaintiffs also brought causes of action for misappropriation of trade secrets, breach of contract and violation of the Song-Beverly Consumer Warranty Act.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 573
|
Plaintiffs requested unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 574
|
On May 9, 2005, the Court granted the Company’s motion to transfer the case to Santa Clara County Superior Court.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 575
|
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.)
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 576
|
and a claim for false advertising.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 577
|
The Company filed a demurrer to the amended complaint, which the Court sustained in its entirety on November 10, 2005.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 578
|
The Court granted plaintiffs leave to amend and they filed an amended complaint on December 29, 2005.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 579
|
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 retail stores.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 580
|
Plaintiffs continued to assert causes of action for unfair competition (§17200), violations of the Consumer Legal Remedies Act, 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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 581
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 582
|
Plaintiffs filed an amended complaint adding one new plaintiff.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 583
|
The Company filed a demurrer, which was granted in part on September 9, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 584
|
Plaintiffs filed a further amended complaint on September 21, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 585
|
On October 2, 2006, the Company filed an answer denying all allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 586
|
On November 30, 2007, the Company filed a motion for judgment on the pleadings, which the Court denied.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 587
|
European Commission Investigation
The European Commission is investigating certain matters relating to the iTunes Stores in Europe.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 588
|
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 purchasing online music from the iTunes Stores for Eurozone countries.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 589
|
The Which?
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 590
|
claims were originally lodged with the U.K. Office of Fair Trading, which subsequently referred them to the European Commission.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 591
|
On March 30, 2007, the European Commission issued Statements of Objections to the major record labels, Apple Inc. and iTunes S.à.r.l.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 592
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 593
|
to distribute digital music downloads through the iTunes Store.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 594
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 595
|
The Commission contends that these provisions are territorial sales restrictions which violate Article 81 of the European Community Treaty.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 596
|
The Commission seeks fines and behavioral relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 597
|
The Company filed its responses to the Statements of Objections on June 20, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 598
|
A hearing on the Statements of Objections took place in Brussels, Belgium on September 19, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 599
|
On January 9, 2008, the Company announced that it planned to equalize the price of iTunes Store content throughout Europe within six months.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 600
|
That same day, the Commission announced its intent to close the investigation.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 601
|
Gordon v. Apple Computer, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 603
|
The complaint alleges various problems with the 65W Adapter, including fraying, sparking, and premature failure.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 605
|
The complaint seeks damages and equitable relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 606
|
The Company filed an answer on October 20, 2006 denying the material allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 607
|
Harvey v. Apple Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 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.” The complaint seeks unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 611
|
The Company filed an answer on October 12, 2007 denying all material allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 612
|
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 613
|
The Markman hearing is set for October 28, 2009, and trial is scheduled for April 5, 2010.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 614
|
Honeywell International, Inc., et al.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 615
|
v. Apple Computer, Inc., et al.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 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.” Plaintiffs seek unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 617
|
The Company filed an answer on December 21, 2004 denying all material allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 618
|
The Company has tendered the case to several liquid crystal display manufacturer suppliers.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 619
|
On May 18, 2005 the Court stayed the case against the Company and the other non-manufacturer defendants.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 620
|
Plaintiffs filed an amended complaint on November 7, 2005 adding additional defendants and expanding the scope of the accused products.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 621
|
Given the stay, the Company’s response to the amended complaint is not yet due.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 622
|
In re Apple Computer, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 623
|
Derivative Litigation (formerly Karant v. Jobs, et al.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 624
|
and Related Actions) (Federal Action)
On June 30, 2006, a putative derivative action captioned Karant v. Jobs, et.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 625
|
al., was filed in the United States District Court for the Northern District of California, San Jose Division.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 626
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 627
|
Derivative Litigation, Master File No.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 628
|
C-06-04128-JF before the Hon.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 629
|
Jeremy Fogel.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 630
|
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 an investigation and that the Company had informed the Securities and Exchange Commission.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 631
|
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, insider trading, and issuing false financial statements.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 632
|
The Company is named as a nominal defendant.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 633
|
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 claims under Sections 10(b), 14(a) and 20(a) of the Securities Exchange Act.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 634
|
Plaintiffs seek damages, disgorgement, restitution and imposition of a constructive trust.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 635
|
A Consolidated Shareholder Derivative Complaint was filed on December 18, 2006, and a First Amended Shareholder Derivative Complaint was filed on March 6, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 636
|
Defendants filed a motion to dismiss on April 20, 2007, which was heard on September 7, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 637
|
On November 19, 2007, the Court granted the defendants’ motion to dismiss with leave to amend.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 638
|
Plaintiffs filed an amended complaint on December 19, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 639
|
Defendants filed motions to dismiss the amended complaint on January 25, 2008.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 640
|
On June 12, 2007, the Company’s Board of Directors approved a resolution appointing a Special Litigation Committee to make all decisions relating to options litigation.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 641
|
In re Apple Computer, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 642
|
Derivative Litigation (formerly Plumbers and Pipefitters v. Jobs, et al.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 643
|
and Related Actions) (State Action); Boston Retirement Board v. Apple Computer, Inc.
On July 5, 2006, a putative derivative action captioned Plumbers and Pipefitters v. Jobs, et.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 644
|
al., was filed in California Superior Court for the County of Santa Clara.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 645
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 646
|
Derivative Litigation, No.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 647
|
1:06CV066692, assigned to the Hon.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 648
|
Joseph Huber.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 649
|
These actions purport 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 and issuing false financial statements.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 650
|
The Company is named as a nominal defendant.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 651
|
A consolidated complaint was filed on October 5, 2006, alleging a variety of causes of action under California law, including claims for unjust enrichment, breach of fiduciary duty, violation of the California Corporations Code, abuse of control, accounting, constructive trust, rescission, deceit, gross mismanagement and waste of corporate assets.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 652
|
On December 7, 2006, the Court granted the Company’s motion to stay these actions.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 653
|
On November 3, 2006, the Boston Retirement Board, a purported shareholder, filed a petition for writ of mandate against the Company in California Superior Court for the County of Santa Clara County (Boston Retirement Board v. Apple Computer Inc.).
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 654
|
The petition sought to compel the Company to allow inspection of certain corporate records relating to the Company’s option practices and the Special Committee’s investigation.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 655
|
On January 16, 2007, the Company filed a demurrer to the petition.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 656
|
The Court entered an order overruling the demurrer on March 13, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 657
|
The Company filed its answer to the petition on April 5, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 658
|
The trial took place on September 24, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 659
|
The Court granted the petition for inspection but narrowed the scope of the records to be produced.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 660
|
In re Apple iPod Nano Products Liability Litigation (formerly Wimmer v. Apple Computer, Inc.; Moschella, et al., v. Apple Computer, Inc.; Calado, et al.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 661
|
v. Apple Computer, Inc.; Kahan, et al., v. Apple Computer, Inc.; Jennings, et al., v. Apple Computer, Inc.; Rappel v. Apple Computer, Inc.; Mayo v. Apple Computer, Inc.; Valencia v. Apple Computer, Inc.; Williamson v. Apple Computer, Inc.; Sioson v. Apple Computer, Inc.
Beginning on October 19, 2005, eight complaints were filed in various United States District Courts and two complaints were filed in California State Court alleging that the Company’s iPod nano was defectively designed so that it scratches excessively during normal use, rendering the screen unreadable.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 662
|
The federal actions were coordinated in the United States District Court for the Northern District of California and assigned to the Hon.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 663
|
Ronald Whyte pursuant to an April 17, 2006 order of the Judicial Panel on Multidistrict Litigation.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 664
|
Plaintiffs filed a First Consolidated and Amended Master Complaint on September 21, 2006, alleging violations of California and other states’ consumer protection and warranty laws and claiming unjust enrichment.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 665
|
The Master Complaint alleges two putative plaintiff classes: (1) all U.S. residents (excluding California residents) who purchased an iPod nano that was not manufactured or designed using processes necessary to ensure normal resistance to scratching of the screen; and (2) all iPod nano purchasers other than U.S. residents who purchased an iPod nano that was not manufactured or designed using processes necessary to ensure normal resistance to scratching of the screen.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 666
|
The Company answered the Master Complaint on November 20, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 667
|
The two California State Court actions were coordinated on May 4, 2006, and assigned to the Hon.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 668
|
Carl West in Los Angeles Superior Court.
|
0001193125-08-017426/full-submission.txt
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.