Apple 2006 Annual Report Download - page 44

defendant. The Company filed an answer on July 5, 2006 generally denying all allegations and asserting numerous affirmative defenses. The
case is in discovery. The case is set for trial on June 18, 2007.
PhatRat Technology LLC v. Apple Computer, Inc.
Plaintiff PhatRat Technology LLC filed this action on October 24, 2006 in the United States District Court for the District of Colorado alleging
infringement of U.S. Patent number 6,499,000 entitled “System and Method for Determining Loft Time, Speed, Height and Distance,” U.S.
Patent number 6,885,971 entitled “Methods and Systems for Assessing Athletics Performance,” U.S. Patent number 6,963,818 entitled “
Mobile
Speedometer Systems and Associated Methods,” and U.S. Patent number 7,092,846 entitled “Systems and Methods for Determining
Performance Data,” as well as allowed U.S. Patent Application number 11/358,508 entitled “Shoes Employing Monitoring Devices, and
Associated Methods.” Plaintiff asserts that the Nike+iPod products infringe these patents. The Company’s response to the complaint is not yet
due.
Premier International Associates LLC v. Apple Computer, Inc.
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. Patent numbers 6,243,725 and 6,763,345 both entitled “List
Building System.” The complaint seeks unspecified damages and other relief. The Company filed an answer on January 13, 2006 denying all
material allegations and asserting numerous affirmative defenses. The Company also asserted counter claims for a declaratory judgment of
noninfringement and invalidity. A Markman hearing is set for May 17, 2007 and trial is scheduled for December 3, 2007.
Quantum Technology Management, Ltd. v. Apple Computer, Inc.
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 number 5,730,165 entitled “Time Domain Capacitive Field Detector.” The complaint
seeks unspecified damages and other relief. On May 11, 2006, Quantum filed an amended complaint adding Cypress
Semiconductor/MicroSystems, Inc. as a defendant. On July 31, 2006, the Company filed an answer denying all material allegations and
asserting numerous affirmative defenses and also filed counterclaims for non-infringment and invalidity. On November 30, 2006 Plaintiff filed
a reply to the Company’s counterclaims and a More Definite Statement.
St-Germain v. Apple Canada, Inc.
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. The Company has completed a refund program for this levy. A class
certification hearing took place January 13, 2006. On February 24, 2006, the Court granted class certification and notice was published during
the last week of March 2006. Discovery is closed and the case is prepared for trial, which the Company anticipates will take place in 2007.
Tse v. Apple Computer, Inc. et al.
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 number 6,665,797 entitled “Protection of Software Again [sic]
Against Unauthorized Use.” The complaint seeks unspecified damages and other relief. The Company filed an answer on October 31, 2005
denying all material allegations and asserting numerous affirmative defenses. On October 28, 2005, the Company and the other defendants filed
a motion to transfer the case to the Northern District of California, which was granted on August 31, 2006.
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