Apple 2007 Annual Report Download - page 36

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compatible with music from online music services other than the iTunes Store and that the music from the iTunes Store is only compatible with
the iPod and (2) allegedly tying the sales of iPods to the iTunes Store and vice versa. Plaintiff seeks damages, injunctive relief and other relief.
The first hearing on the case took place on May 24, 2005. The Company's response to the complaint was served on November 8, 2005. Plaintiff's
responsive pleading was filed on February 10, 2006. The Company filed a reply on June 6, 2006 and UFC filed a response on September 19,
2006.
Vitt v. Apple Computer, Inc.
Plaintiff filed this purported class action on November 7, 2006 in the United States District Court for the Central District of California on behalf
of a purported nationwide class of all purchasers of the iBook G4 alleging that the computer's logic board fails at an abnormally high rate. The
complaint alleges violations of California Business & Professions Code §17200 (unfair competition) and California Business & Professions
Code §17500 (false advertising). Plaintiff seeks unspecified damages and other relief. The Company filed a motion to dismiss on January 19,
2007, which the court granted on March 13, 2007. Plaintiffs filed an amended complaint on March 26, 2007. The Company filed a motion to
dismiss on August 16, 2007, which was heard on October 4, 2007.
Vogel v. Jobs et al.
Plaintiff filed this purported class action on August 24, 2006, in the United States District Court for the Northern District of California against
the Company and certain of the Company's current and former officers and directors alleging improper backdating of stock option grants to
maximize certain defendants' profits, failing to properly account for those grants and issuing false financial statements. On January 19, 2007, the
Court appointed the New York City Employees' Retirement System as lead plaintiff. On March 23, 2007, plaintiffs filed a Consolidated Class
Action Complaint. The Consolidated Complaint purports to be brought on behalf of several classes of holders of the Company's stock and asserts
claims under Section 14(a) and 20(a) of the Securities Exchange Act as well as state law. The Consolidated Complaint seeks rescission of
amendments to various stock option and other incentive compensation plans, an accounting and damages in an unspecified amount. Defendants
filed a motion to dismiss on June 8, 2007, which was heard on September 7, 2007.
Item 4. Submission of Matters to a Vote of Security Holders
No matters were submitted to a vote of security holders during the fourth quarter of the Company's fiscal year ended September 29, 2007.
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