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0000320193
|
20080201
|
10-Q
| 669
|
Plaintiffs filed a Consolidated Amended Class Action Complaint on June 8, 2006, alleging violations of California state consumer protection, unfair competition, false advertising and warranty laws and claiming unjust enrichment.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 670
|
The Consolidated Complaint alleges a putative plaintiff class of all California residents who own an iPod nano containing a manufacturing defect that results in the nano being susceptible to excessive scratching.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 671
|
The Company answered the Consolidated Amended Complaint on October 6, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 672
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 673
|
The Royer-Brennan file was stayed in May 2006 in favor of the Carpentier file.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 674
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 675
|
Apple Canada Inc. and Apple Computer, Inc. have served Notices of Intent to Defend.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 676
|
Individual Networks, LLC v. Apple, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 677
|
Plaintiff filed this action against the Company on April 24, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. Patent No.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 678
|
7,117,516, entitled “Method and System for Providing a Customized Media List.” Plaintiff alleges certain features of the iTunes store infringe the patent.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 679
|
The complaint seeks unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 680
|
The Company filed an answer on July 2, 2007, denying all material allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 681
|
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity, as well as a counterclaim against Individual Networks LLC for infringement of U.S. Patent No.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 682
|
5,724,567.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 683
|
The Markman hearing is set for October 8, 2008, and trial is scheduled for November 9, 2009.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 684
|
Intertainer, Inc. v. Apple Computer, Inc., et al.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 685
|
Plaintiff filed this action on December 29, 2006 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement by the Company and others of U.S. Patent number 6,925,469 entitled “Digital Entertainment Service Platform.” The complaint sought unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 686
|
The Company filed an answer on February 21, 2007 denying all material allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 687
|
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 688
|
The parties have reached a settlement and the matter is concluded.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 689
|
Settlement of this matter did not have a material effect on the Company’s financial condition or operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 690
|
Lenzi v. Apple Canada, Inc.; Wolfe v. Apple Computer, Inc. and Apple Canada, Inc.; Hirst v. Apple Canada, Inc.; Hamilton v. Apple Computer, Inc. and Apple Canada, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 691
|
Plaintiff filed a purported class action on June 7, 2005, in Superior Court, in Montreal, Quebec, Canada allegedly on behalf of Quebec customers claiming false advertising and breach of warranty relating to iPod battery life.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 692
|
Plaintiff sought authorization to institute a class action on behalf of Generations 1, 2 and 3 iPod owners in Quebec.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 693
|
On February 2, 2006, the Court dismissed plaintiff’s motion for authorization to institute a class action.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 694
|
Plaintiff has appealed this ruling.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 695
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 696
|
Counsel subsequently amended the complaint, now called Waddell vs. Apple.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 697
|
The Waddell lawsuit is brought on behalf of all Canadian purchasers other than Quebec purchasers.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 698
|
On January 17, 2006, the Company filed its statement of defence to the Waddell complaint.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 699
|
In addition, a similar complaint regarding iPod battery life, Hamilton v. Apple Computer, Inc. and Apple Canada, Inc. was filed in Calgary, Alberta, Canada on October 5, 2005, purportedly on behalf of all purchasers of iPods in Alberta, Canada.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 700
|
The complaint was served on September 27, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 701
|
The Company has reached a settlement of this matter and the parties have requested preliminary court approval for the settlement.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 702
|
Settlement of this matter will not have a material effect on the Company’s financial condition or operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 703
|
Macadam v. Apple Computer, Inc.; Santos v. Apple Computer, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 704
|
The Macadam action was filed in late 2002 in Santa Clara County Superior Court asserting various causes of action including breach of contract, fraud, negligent and intentional interference with economic relationship, negligent misrepresentation, trade libel, unfair competition and false advertising.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 705
|
The complaint requested unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 706
|
The Company filed an answer on December 3, 2004 denying all allegations and asserting numerous defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 707
|
On October 1, 2003, Macadam was deauthorized as an Apple reseller.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 708
|
Macadam filed a motion for a temporary order to reinstate it as a reseller, which the Court denied.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 709
|
The Court denied Macadam’s motion for a preliminary injunction on December 19, 2003.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 710
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 711
|
The Company filed a claim in the bankruptcy proceedings on February 16, 2005.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 712
|
The Macadam bankruptcy case was converted to Chapter 7 (liquidation) on April 29, 2005.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 713
|
The Company has reached a settlement of Macadam’s claims against the Company with the Chapter 7 Bankruptcy Trustee.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 714
|
The Bankruptcy Court approved the settlement on July 17, 2006 over the objection of Tom Santos, Macadam’s principal.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 715
|
Santos appealed the ruling approving the settlement, but the District Court denied the appeal.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 716
|
Santos has appealed to the Ninth Circuit Court of Appeals.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 717
|
On December 19, 2005, Tom Santos filed a Fifth Amended Complaint on his own behalf (not on behalf of Macadam) alleging fraud, violations of California Business & Professions Code §17200 (unfair competition), California Business & Professions Code §17500 (false advertising) and the Consumer Legal Remedies Act.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 718
|
The Company filed a demurrer to Santos’ amended complaint and a special motion to strike the defamation cause of action on January 20, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 719
|
The Court sustained the demurrer in part but denied the special motion to strike.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 720
|
Santos filed a Sixth Amended Complaint on July 14, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 721
|
The Company filed a demurrer, which was sustained on September 9, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 722
|
Santos filed a Seventh Amended Complaint in late September 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 723
|
The Company filed a motion to strike, which was granted in part and denied in part on December 15, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 724
|
Santos filed an Eighth Amended Complaint on January 29, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 725
|
The Company filed a demurrer, which was heard on May 7, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 726
|
The court sustained the demurrer, and Santos filed a Ninth Amended Complaint on July 11, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 727
|
The Company filed a demurrer, which was overruled.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 728
|
The Company’s answer to the Ninth Amended Complaint is not yet due.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 729
|
The Company also filed a cross complaint against Santos on January 20, 2006 alleging violations of California Business & Professions Code §17200 and California Penal Code §502, fraud and deceit and breach of contract.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 730
|
Mediostream, Inc. v. Acer America Corp. et al.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 731
|
Plaintiff filed this action against the Company, Acer America Corp., Dell, Inc. and Gateway, Inc. on August 28, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. Patent No.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 732
|
7,009,655, entitled “Method and System for Direct Recording of Video Information onto a Disk Medium.” An amended complaint was served on November 7, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 733
|
The amended complaint seeks unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 734
|
On January 25, 2008, the Company filed an answer to the complaint denying all material allegations and asserting numerous affirmative defenses and also filed a motion to transfer the case to the Northern District of California.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 735
|
OPTi Inc. v. Apple Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 736
|
Plaintiff filed this action against the Company on January 16, 2007 in the United States District Court for the Eastern District of Texas, Marshall Division, alleging infringement of U.S. Patent Nos.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 737
|
5,710,906, 5,813,036 and 6,405,291, all entitled “Predictive Snooping of Cache Memory for Master-Initiated Accesses.” The complaint seeks unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 738
|
The Company filed an answer on April 17, 2007 denying all material allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 739
|
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 740
|
The Markman hearing is set for November 26, 2008, and trial is scheduled for April 6, 2009.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 741
|
Quantum Technology Management, Ltd. v. Apple Computer, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 742
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 743
|
5,730,165 entitled “Time Domain Capacitive Field Detector.” The complaint seeks unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 744
|
On May 11, 2006, Quantum filed an amended complaint adding Cypress Semiconductor/MicroSystems, Inc. as a defendant.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 745
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 746
|
On November 30, 2006, plaintiff filed a reply to the Company’s counterclaims and a More Definite Statement.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 747
|
A Markman hearing was held on May 16, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 748
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 749
|
On November 28, 2007, the Company filed a motion for summary judgment for non-infringement and invalidity, and a motion for summary judgment related to Quantum’s state-law claims.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 750
|
On December 27, 2007, Quantum filed a motion for summary judgment for infringement on one patent claim.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 751
|
Trial is scheduled for May 19, 2008.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 752
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 753
|
3852854, entitled “Touch Operation Input Device and Electronic Parts Thereof.” The petition sought an order barring the importation into Japan of fifth generation iPods and second generation iPod nanos.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 754
|
The Customs Office held a hearing on March 22, 2007.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 755
|
The Customs Office rejected the petition to bar importation and dismissed plaintiff’s case.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 756
|
Apple Japan, Inc. filed a Declaratory Judgment action against Saito on February 6, 2007 in the Tokyo District Court, seeking a declaration that the ‘854 patent is invalid and not infringed.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 757
|
Saito filed a Counter Complaint for infringement seeking damages.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 758
|
SP Technologies LLC v. Apple Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 759
|
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.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 760
|
6,784,873 entitled “Method and Medium for Computer Readable Keyboard Display Incapable of User Termination.” The complaint seeks unspecified damages and other relief.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 761
|
The Company filed an answer on October 23, 2007 denying all material allegations and asserting numerous affirmative defenses.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 762
|
The Company also asserted counterclaims for declaratory judgment of non-infringement and invalidity.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 763
|
The Markman hearing is set for September 18, 2008, and trial is scheduled for June 1, 2009.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 764
|
St-Germain v. Apple Canada, Inc.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 765
|
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 by the Canadian Court.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 766
|
The Company has completed a refund program for this levy.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 767
|
A class certification hearing took place January 13, 2006.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 768
|
On February 24, 2006, the Court granted class certification and notice was published during the last week of March 2006.
|
0001193125-08-017426/full-submission.txt
|
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