Apple Inc. v. Amazon.Com, Inc.

Filing 39

Declaration of Sarah J. Givan in Support of 36 Opposition/Response to Motion for Preliminary Injunction filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 36 ) (Givan, Sarah) (Filed on 6/1/2011)

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EXHIBIT 12 Wdst[aw, NewsRoom 10/19/10 MORNED (No Page) Page 1 10/19/10 NPR Morning Edition (Pg. Unavail. Online) 2010 WLNR 20916314 NPR Morning Edition Copyright 2010 National Public Radio®. All rights reserved. October 19, 2010 Apple's Profits Rise But iPad Sales Disappoint STEVE INSKEEP, host: This morning's fun business fact comes from Apple. The iPhone and iPad maker is now the second-biggest company in America - at least when you measure it by the value of its shares on the stock market. Apple's latest revenues and profits were once again the highest in company history, and still, these results were not enough for Wall Street, as NPR's Wendy Kaufman reports. WENDY KAUFMAN: Apple sold more than 14 million iPhones in the last three months, and those sales drove the company's quarterly revenue to more than $20 billion. The company saw a strong surge in Mac sales, and it sold nearly 4.2 million iPads. The latter is impressive for a product that's only been out since April, but some on Wall Street were looking for even stronger iPad sales. Wall Street was also a bit disappointed with profit margins which were down last quarter, and Apple says they're likely to be down even more in the current quarter. Yesterday's earnings call had a surprise participant, Apple CEO Steve Jobs, who spent much of his time deriding Apple's competition, especially Google's approach to mobile devices with its Android operating system. Mr. STEVE JOBS (CEO, Apple): There will be at least four app stores on Android which customers must search among to fmd the app they want and developers will need to work with to distribute their apps and get paid. This is going to be a mess for both users and developers. KAUFMAN: Jobs also had harsh words for Rim and its Blackberry and for those trying to compete with the iPad. Wendy Kaufman, NPR News. ---- INDEX REFERENCES --COMPANY: GOOGLE CZECH REPUBLIC S R 0; NIPPON PETROLEUM REFINING COMPANY LIMTED; GOOGLE SPAIN SL; GOOGLE LIMITED LIABILITY COMPANY GOOGLE 000; GOOGLE NC; GOOGLE DENMARK APS; GOOGLE SWEDEN AB NEWS SUBJECT: (Major Corporations (1MA93); Funding Instruments (1FU41)) INDUSTRY: (Investment Management (1IN34); Software Products (1S056); Electronics (1EL16); Consumer Elec- C 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 62 10/19/10 MORNED (No Page) Page 2 tronics (1C061); Computer Equipment (1C077); Stocks (1EQ09); Home & Multimedia PCs (1H036); Hand-Held Devices (1PA81); I.T. (11T96); Software 0/S Platforms (1S068); Software (1S030); Palmtop Computing (1PA77); Mobile Phones & Pagers (1W107); Securities Investment (1SE57); Financial Services (1F137); Portable PCs (1P056); PC 0/S Platforms (1PC73); Consumer Products & Services (1C062); Telecom Consumer Equipment (1 TECO )) Language: EN OTHER INDEXING: (GOOGLE; KAUFMAN; NPR; NPR NEWS; WENDY KAUFMAN) (Apple; Jobs; Steve Jobs; Wall Street; Yesterday) Word Count: 272 10/19/10 MORNED (No Page) END OF DOCUMENT C 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 63

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