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0000320193
|
20080201
|
10-Q
| 869
|
By contrast, many of the Company’s competitors seek to compete aggressively on price and maintain very low cost structures.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 870
|
If the Company is unable to continue to develop and sell innovative new products with attractive margins, its financial condition and operating results may be materially adversely affected.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 871
|
In the market for personal computers and peripherals, the Company faces a significant number of competitors, many of which have broader product lines and larger installed customer bases.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 872
|
There has also been a trend toward consolidation that has resulted in larger and potentially stronger competitors.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 873
|
Price competition has been particularly intense as competitors selling Windows-based personal computers have aggressively cut prices and lowered product margins.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 874
|
The Company also faces increased competition in certain of its key market segments, including consumer,
education, professional and consumer digital video editing, and design and publishing.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 875
|
An increasing number of Internet devices that include software applications and are smaller and simpler than traditional personal computers compete for market share with the Company’s existing products.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 876
|
The Company is currently the only maker of hardware using the Mac OS.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 877
|
The Mac OS has a minority market share in the personal computer market, which is dominated by makers of computers using competing operating systems, most notably Windows.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 878
|
The Company’s financial condition and operating results substantially depend on its ability to continually develop improvements to the Mac platform to maintain perceived design and functional advantages.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 879
|
Use of unauthorized copies of the Mac OS on other companies’ hardware products may result in decreased demand for the Company’s hardware products, and materially adversely affect its financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 880
|
The Company is currently focused on opportunities related to digital content distribution, consumer electronic devices, including iPod and Apple TV, and mobile communication devices, including iPhone.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 881
|
The Company faces substantial competition from companies that have significant technical, marketing, distribution, and other resources, as well as established hardware, software, and digital content supplier relationships, and also competes with illegitimate ways to obtain digital content.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 882
|
The Company expects competition to intensify as competitors attempt to imitate the Company’s approach to providing these components seamlessly within their individual offerings or work collaboratively to offer integrated solutions.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 883
|
Some current and potential competitors have substantial resources and experience, and they may be able to provide such products and services at little or no profit or even at a loss.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 884
|
There can be no assurance the Company will be able to continue to provide products and services that effectively compete.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 885
|
To remain competitive and stimulate customer demand, the Company must successfully manage frequent product introductions and transitions.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 886
|
Due to the highly volatile and competitive nature of the personal computer, consumer electronics and mobile communication industries, the Company must continually introduce new products and technologies, enhance existing products, and effectively stimulate customer demand for new and upgraded products.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 887
|
The success of new product introductions depends on a number of factors, including timely and successful completion of development efforts, market acceptance, the Company’s ability to manage the risks associated with new products and production ramp issues, the availability of application software for new products, the effective management of purchase commitments and inventory levels in line with anticipated product demand, the availability of products in appropriate quantities and costs to meet anticipated demand, and the risk that new products may have quality or other defects in the early stages of introduction.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 888
|
Accordingly, the Company cannot determine in advance the ultimate effect new product introductions and transitions will have on its financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 889
|
The Company faces substantial inventory and other asset risk.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 890
|
The Company records a write-down for product and component inventories that have become obsolete or are in excess of anticipated demand or net realizable value and accrues necessary reserves for cancellation fees for orders of products and components that have been cancelled.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 891
|
The Company also reviews its long-lived assets for impairment whenever events or changed circumstances indicate the carrying amount of an asset may not be recoverable.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 892
|
If the Company determines that impairment exists, it records a write-down equal to the amount by which the carrying value of the assets exceeds its fair market value.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 893
|
Although the Company believes its inventory, asset, and related provisions are currently adequate, given the rapid and unpredictable pace of product obsolescence in the global personal computer, consumer electronics, and mobile communication industries, no assurance can be given that the Company will not incur additional inventory or asset related charges.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 894
|
Such charges have had, and may have, a material adverse effect on the Company’s financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 895
|
The Company must order components for its products and build inventory in advance of product announcements and shipments.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 896
|
Because the Company’s markets are volatile, competitive and subject to rapid technology and price changes, there is a risk the Company will forecast incorrectly and order or produce excess or insufficient inventories of components or products.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 897
|
Consistent with industry practice, components are normally acquired through a combination of purchase orders, supplier contracts, and open orders based on projected demand.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 898
|
Such purchase commitments typically cover forecasted component and manufacturing requirements for 30 to 150 days.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 899
|
The Company’s financial condition and operating results have been in the past and may in the future be materially adversely affected by the Company’s ability to manage its inventory levels and respond to short-term shifts in customer demand patterns.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 900
|
Future operating results depend upon the Company’s ability to obtain key components, including microprocessors and NAND flash memory, at favorable prices and in sufficient quantities.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 901
|
Because the Company currently obtains certain key components, including microprocessors, enclosures, certain liquid crystal displays (“LCDs”), certain optical drives, and application-specific integrated circuits (“ASICs”), from single or limited sources, the Company is subject to significant supply and pricing risks.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 902
|
Many of these and other key components that are available from multiple sources, including NAND flash memory, DRAM memory, and certain LCDs, are subject at times to industry-wide shortages and significant commodity pricing fluctuations.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 903
|
The Company has entered into certain agreements for the supply of critical components at favorable pricing, but there is no guarantee that the Company will be able to extend or renew these agreements on favorable terms upon expiration or otherwise obtain favorable pricing in the future.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 904
|
Therefore, the Company remains subject to significant risks of supply shortages and/or price increases that can have a material adverse effect on its financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 905
|
The Company expects to experience decreases in its gross margin percentage in fiscal year 2008, as compared to levels achieved during fiscal year 2007, due in part to current and expected future price increases for certain components.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 906
|
For additional information refer to Part I, Item 2, “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” under the subheading “Gross Margin.”
The Company’s new products often use custom components from only one source until the Company has evaluated whether there is a need for, and subsequently qualifies, additional suppliers.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 907
|
Where a component or product uses new technologies, initial capacity constraints may exist until the suppliers’ yields have matured.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 908
|
The Company and other producers in the personal computer, consumer electronics and mobile communication industries also compete for various components with other industries that have experienced increased demand for their products.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 909
|
The Company uses some custom components that are not common to the rest of the personal computer, consumer electronics or mobile communication industries.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 910
|
Continued availability of these components at acceptable prices may be affected if producers decide to concentrate on the production of components other than those customized to meet the Company’s requirements.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 911
|
If the supply of a key component for a new or existing product were delayed or constrained, or if such components were available only at significantly higher prices, the Company’s financial condition and operating results could be materially adversely affected.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 912
|
The Company depends on component and product manufacturing and logistics services provided by third parties, many of whom are located outside of the U.S.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 913
|
Most of the Company’s components and products are manufactured in whole or in part by third-party manufacturers, most of which are located outside of the U.S. A significant concentration of this outsourced manufacturing is currently performed by only a few third-party manufacturers, often in single locations.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 914
|
The Company has also outsourced much of its transportation and logistics management.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 915
|
While these arrangements may lower operating costs, they also reduce the Company’s direct control over production and distribution.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 916
|
It is uncertain what effect such diminished control will have on the quality or quantity of products or services, or the Company’s flexibility to respond to changing conditions.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 917
|
In addition, the Company relies on third-party manufacturers to adhere to the Company’s supplier code of conduct.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 918
|
Although arrangements with such manufacturers may contain provisions for warranty expense reimbursement, the Company may remain responsible to the consumer for warranty service in the event of product defects.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 919
|
Any unanticipated product defect or warranty liability, whether pursuant to arrangements with contract manufacturers or otherwise, could have a material adverse effect on the Company’s reputation, financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 920
|
Final assembly of the Company’s products is currently performed in the Company’s manufacturing facility in Cork, Ireland, and by external vendors in California, Korea, China and the Czech Republic.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 921
|
Currently, the supply and manufacture of many critical components is performed by sole-sourced third-party vendors in the U.S., China, Japan, Korea, and Singapore.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 922
|
Sole-sourced third-party vendors in China perform final assembly of substantially all of the Company’s portable products, including MacBook Pro, MacBook, MacBook Air, iPod and iPhone.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 923
|
If manufacturing or logistics in these locations is disrupted for any reason, including natural disasters, information technology system failures, military actions or economic, business, labor, environmental, public health, or political issues, the Company’s financial condition and operating results could be materially adversely affected.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 924
|
The Company relies on third-party digital content, which may not be available to the Company on commercially reasonable terms or at all.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 925
|
The Company contracts with third parties to offer their digital content through the Company’s iTunes Store.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 926
|
The Company pays substantial fees to obtain the rights to this content.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 927
|
The Company’s licensing arrangements with these third parties are short-term and do not guarantee the continuation or renewal of these arrangements on reasonable
terms, if at all.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 928
|
Some third-party content providers currently or may in the future offer competing products and services, and could take action to make it more difficult or impossible for the Company to license their content in the future.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 929
|
Other content owners, providers or distributors may seek to limit the Company’s access to, or increase the total cost of, such content.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 930
|
If the Company is unable to continue to offer a wide variety of content at reasonable prices with acceptable usage rules, or continue to expand its geographic reach, the Company’s financial condition and operating results may be materially adversely affected.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 931
|
Many third-party content providers require that the Company provide certain digital rights management (“DRM”) and other security solutions.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 932
|
If these requirements change, the Company may have to develop or license new technology to provide these solutions.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 933
|
There is no assurance the Company will be able to develop or license such solutions at a reasonable cost and in a timely manner.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 934
|
In addition, certain countries have passed or may propose legislation that would force the Company to license its DRM, which could lessen the protection of content and subject it to piracy and could also affect arrangements with the Company’s content providers.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 935
|
The Company relies on access to third-party patents and intellectual property, and the Company’s future results could be materially adversely affected if it is alleged or found to have infringed intellectual property rights.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 936
|
Many of the Company’s products are designed to include third-party intellectual property, and it may be necessary in the future to seek or renew licenses relating to various aspects of its products and business methods.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 937
|
Although the Company believes that, based on past experience and industry practice, such licenses generally could be obtained on commercially reasonable terms, there is no assurance that the necessary licenses would be available on acceptable terms or at all.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 938
|
Because of technological changes in the global personal computer, consumer electronics and mobile communication industries, current extensive patent coverage, and the rapid issuance of new patents, it is possible that certain components of the Company’s products and business methods may unknowingly infringe the patents or other intellectual property rights of third parties.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 939
|
From time to time, the Company has been notified that it may be infringing such rights.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 940
|
Regardless of merit, responding to such claims can consume significant time and expense.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 941
|
At present, the Company is vigorously defending more than 17 patent infringement cases, eight of which were filed during fiscal 2008, and several pending claims are in various stages of evaluation.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 942
|
In certain cases, the Company may consider the desirability of entering into licensing agreements, although no assurance can be given that such licenses can be obtained on acceptable terms or that litigation will not occur.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 943
|
If the Company is found to be infringing such rights, it may be required to pay substantial damages.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 944
|
If there is a temporary or permanent injunction prohibiting the Company from marketing or selling certain products or a successful claim of infringement against the Company requires it to pay royalties to a third party, the Company’s financial condition and operating results could be materially adversely affected, regardless of whether it can develop non-infringing technology.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 945
|
Information regarding certain claims and litigation related to alleged patent infringement and other matters is set forth in Part II, Item 1, “Legal Proceedings.” In management’s opinion, the Company does not have a potential liability for damages or royalties from any known current legal proceedings or claims related to the infringement of patent or other intellectual property rights that would individually or in the aggregate have a material adverse effect on its financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 946
|
However, the results of such legal proceedings cannot be predicted with certainty.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 947
|
Should the Company fail to prevail in any of the matters related to infringement of patent or other intellectual property rights of others, including without limitation those described in Part II, Item 1, “Legal Proceedings,” or should several of these matters be resolved against the Company in the same reporting period, the Company’s financial condition and operating results could be materially adversely affected.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 948
|
With the June 2007 introduction of iPhone, the Company has begun to compete with mobile communication device companies that hold significant patent portfolios.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 949
|
Regardless of the scope or validity of such patents or the merits of any potential patent claims by competitors, the Company may have to engage in protracted litigation, enter into expensive agreements or settlements and/or modify its products.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 950
|
Any of these events could have a material adverse impact on the Company’s financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 951
|
The Company’s products experience quality problems from time to time that can result in decreased sales and operating margin.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 952
|
The Company sells highly complex hardware and software products that can contain defects in design and manufacture.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 953
|
Sophisticated operating system software and applications, such as those sold by the Company, often contain “bugs” that can unexpectedly interfere with the software’s operation.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 954
|
Defects may also occur in components and products the Company purchases from third parties.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 955
|
There can be no assurance that the Company will be able to
detect and fix all defects in the hardware and software it sells.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 956
|
Failure to do so could result in lost revenue, harm to reputation, and significant warranty and other expenses, and could have a material adverse impact on the Company’s financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 957
|
The Company expects its quarterly revenue and operating results to fluctuate for a variety of reasons.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 958
|
The Company’s profit margins vary among its products and its distribution channels.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 959
|
The Company’s software, accessories, and service and support contracts generally have higher gross margins than certain of the Company’s other products, including third-party content from the iTunes Store.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 960
|
Gross margins on the Company’s hardware products vary across product lines and can change over time as a result of product transitions, pricing and configuration changes, and component, warranty, and other cost fluctuations.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 961
|
The Company’s direct sales generally have higher associated gross margins than its indirect sales through its channel partners.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 962
|
In addition, the Company’s gross margin and operating margin percentages, as well as overall profitability, may be materially adversely impacted as a result of a shift in product, geographic or channel mix, or new product announcements.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 963
|
The Company has typically experienced greater net sales in the first and fourth fiscal quarters compared to other quarters in the fiscal year due to seasonal demand related to the holiday season and the beginning of the school year.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 964
|
Furthermore, the Company from time-to-time sells more products during the third month of a quarter than it does during either of the first two months.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 965
|
Developments late in a quarter, such as lower-than-anticipated demand for the Company’s products, an internal systems failure, or failure of one of the Company’s key logistics, components supply, or manufacturing partners, could have a material adverse impact on the Company’s financial condition and operating results.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 966
|
The Company currently relies on a single cellular network carrier for iPhone in each of the U.S., U.K., Germany and France.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 967
|
AT&T, O2, T-Mobile and Orange are the Company’s cellular network carriers for iPhone in the U.S., U.K., Germany and France, respectively.
|
0001193125-08-017426/full-submission.txt
|
0000320193
|
20080201
|
10-Q
| 968
|
If these carriers cannot successfully compete with other carriers in their markets for any reason, including but not limited to the quality and coverage of wireless voice and data services, performance and timely build-out of advanced wireless networks, and pricing and terms of end-user contracts, iPhone sales may be adversely affected.
|
0001193125-08-017426/full-submission.txt
|
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