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)

EXHIBIT 9

Apple's Revolutionary App Store Downloads Top One Billion in Just Nine Months

Page 1 of 1

Apple's Revolutionary App Store Downloads Top One
Billion in Just Nine Months
CUPERTINO, California—April 24, 2009—Apple® today announced that customers have downloaded one billion
applications from its revolutionary App Store, the largest applications store in the world. The one billionth app,
Bump created by Bump Technologies, was downloaded by Connor Mulcahey, age 13, of Weston, CT. As the grand
prize winner of Apple's one billion app countdown contest, Connor will receive a $10,000 iTunes® gift card, an
iPod® touch, a Time Capsule® and a MacBook® Pro.
"The revolutionary App Store has been a phenomenal hit with iPhone and iPod touch users around the world, and
we'd like to thank our customers and developers for helping us achieve the astonishing milestone of one billion
apps downloaded," said Philip Schiller, Apple's senior vice president of Worldwide Product Marketing. "In nine
months, the App Store has completely revolutionized the mobile industry and this is only the beginning."
Today, the groundbreaking App Store has more than 35,000 applications available to consumers in 77 countries,
allowing developers to reach tens of millions of iPhoneTM and iPod touch users around the world. This summer the
iPhone OS 3.0 software update will provide developers with over 1,000 new developer APIs enabling In-App
Purchases, Peer-to-Peer connections, App control of accessories, and Push Notifications. The iPhone OS 3.0 release
will also add over 100 customer features including cut, copy and paste; SpotlightTM search; landscape keyboard and
view for all key iPhone apps; MMS* support; and expanded parental controls for apps, TV shows, and movies from
the App Store.
*MMS messaging is available only on iPhone 3G; fees may apply. MMS may not be available in all areas.
Apple ignited the personal computer revolution in the 1970s with the Apple II and reinvented the personal
computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award
-winning computers, OS X operating system and iLife and professional applications. Apple is also spearheading the
digital media revolution with its iPod portable music and video players and iTunes online store, and has entered the
mobile phone market with its revolutionary iPhone.

Press Contacts:
Simon Pope
Apple
[e-mail]
[phone]
Jennifer Bowcock
Apple
[e-mail]
[phone]
NOTE TO EDITORS: For additional information visit Apple's PR website, or call Apple's Media Helpline at [phone].

Apple, the Apple logo, Mac, Mac OS, Macintosh, iTunes, iPod, Time Capsule, MacBook, iPhone and Spotlight are trademarks of Apple. Other
company and product names may be trademarks of their respective owners.

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3/27/2011

Apple's App Store Downloads Top 1.5 Billion in First Year

Page 1 of 1

Apple's App Store Downloads Top 1.5 Billion in First Year
More Than 65,000 Apps; Over 100,000 Developers
CUPERTINO, California—july 14, 2009—Apple® today announced that customers have downloaded more than 1.5
billion applications in just one year from its revolutionary App Store, the largest applications store in the world. The
App Store is also growing at an incredible pace with more than 65,000 apps and more than 100,000 developers in
the iPhoneTM Developer Program.
"The App Store is like nothing the industry has ever seen before in both scale and quality," said Steve jobs, Apple's
CEO. "With 1.5 billion apps downloaded, it is going to be very hard for others to catch up."
The revolutionary App Store has more than 65,000 apps available to consumers in 77 countries, allowing
developers to reach tens of millions of iPhone and iPod® touch users around the world. The App Store works with
both iPod touch and iPhone including the new iPhone 3GS, the fastest, most powerful iPhone yet. Apple has shipped
over 40 million of these devices that run apps from the App Store.
Apple ignited the personal computer revolution in the 1970s with the Apple II and reinvented the personal
computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award
-winning computers, OS X operating system and iLife and professional applications. Apple is also spearheading the
digital media revolution with its iPod portable music and video players and iTunes online store, and has entered the
mobile phone market with its revolutionary iPhone.

Press Contacts:
Natalie Kerris
Apple
[e-mail]
[phone]
Jennifer Bowcock
Apple
[e-mail]
[phone]
NOTE TO EDITORS: For additional information visit Apple's PR website, or call Apple's Media Helpline at [phone].

Apple, the Apple logo, Mac, Mac OS, Macintosh, iPhone and iPod are trademarks of Apple. Other company and product names may be
trademarks of their respective owners.

Page 27

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3/27/2011

Apple's App Store Downloads Top Two Billion

Page 1 of 1

Apple's App Store Downloads Top Two Billion
More Than 85,000 Apps Now Available for iPhone & iPod touch
CUPERTINO, California—September 28, 2009—Apple® today announced that more than two billion apps have been
downloaded from its revolutionary App Store, the largest applications store in the world. There are now more than
85,000 apps available to the more than 50 million iPhoneTM and iPod touch® customers worldwide and over
125,000 developers in Apple's iPhone Developer Program.
"The rate of App Store downloads continues to accelerate with users downloading a staggering two billion apps in
just over a year, including more than half a billion apps this quarter alone," said Steve Jobs, Apple's CEO. "The App
Store has reinvented what you can do with a mobile handheld device, and our users are clearly loving it."
Today, iPhone and iPod touch customers in 77 countries worldwide can choose from an incredible range of apps in
20 categories, including games, business, news, sports, health, reference and travel. With the recently introduced
iTunes® 9, it's now easier than ever to organize and sync your apps right in iTunes and they will automatically
appear on your iPhone or iPod touch with the same layout.
Apple ignited the personal computer revolution in the 1970s with the Apple II and reinvented the personal
computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award
-winning computers, OS X operating system and iLife and professional applications. Apple is also spearheading the
digital media revolution with its iPod portable music and video players and iTunes online store, and has entered the
mobile phone market with its revolutionary iPhone.

Press Contacts:
Natalie Kerris
Apple
[e-mail]
[phone]
Tom Neumayr
Apple
[e-mail]
[phone]
NOTE TO EDITORS: For additional information visit Apple's PR website, or call Apple's Media Helpline at [phone].

Apple, the Apple logo, Mac, Mac OS, Macintosh, iPhone, iPod touch and iTunes are trademarks of Apple. Other company and product
names may be trademarks of their respective owners.

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3/27/2011

Apple Announces Over 100,000 Apps Now Available on the App Store

Page 1 of 2

Apple Announces Over 100,000 Apps Now Available on
the App Store
CUPERTINO, California—November 4, 2009—Apple® today announced that developers have created over 100,000
apps for the revolutionary App Store, the largest applications store in the world. iPhone® and iPod touch®
customers in 77 countries can choose from an incredible range of apps in 20 categories, including games,
business, news, sports, health, reference and travel. App Store users have downloaded well over two billion apps,
continuing to make it the world's most popular applications store.
"The App Store, now with over 100,000 applications available, is clearly a major differentiator for millions of iPhone
and iPod touch customers around the world," said Philip Schiller, Apple's senior vice president of Worldwide Product
Marketing. "The iPhone SDK created the first great platform for mobile applications and our customers are loving all
of the amazing apps our developers are creating."
"The App Store has forever changed the mobile gaming industry and continues to improve," said Travis Boatman,
vice president of Worldwide Studios, EA Mobile. "With a global reach of over 50 million iPhone and iPod touch users,
the App Store has allowed us to develop high quality EA games that have been a huge success with customers."
"With 10,000 downloads a day, worldwide customer response to our I Am T-Pain App has exceeded our wildest
expectations," said Jeff Smith, CEO of Smule. "The App Store has given us a unique opportunity to create and grow a
very successful business, and we're looking forward to an exciting future."
Apple continues to improve search and discovery with new features including Genius for Apps, App Store Essentials
selections, sub category listings and more valuable customer reviews. With the recently introduced iTunes® 9, it's
also now easier than ever to organize and sync your apps right in iTunes and they will automatically appear on your
iPhone or iPod touch with the same layout.
The release of iPhone OS 3.0 this summer made over 100 new features available to iPhone and iPod touch users
including Cut, Copy and Paste; MMS; landscape view for Mail, Text and Notes; stereo Bluetooth; shake to shuffle;
parental controls; automatic login at Wi-Fi hot spots and Push Notifications. These new features have been
incredibly popular with customers and there have already been more than two billion Push Notifications sent to
apps available from the App Store. Additionally, the recently introduced In App Purchase feature for free apps
means leading developers will now be able to offer customers the choice of buying content, subscriptions and
digital services from directly inside their apps.
Apple ignited the personal computer revolution in the 1970s with the Apple II and reinvented the personal
computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award
-winning computers, OS X operating system and iLife and professional applications. Apple is also spearheading the
digital media revolution with its iPod portable music and video players and iTunes online store, and has entered the
mobile phone market with its revolutionary iPhone.
Press Contacts:
Natalie Kerris
Apple
[e-mail]
[phone]
Simon Pope
Apple

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3/27/2011

Apple Announces Over 100,000 Apps Now Available on the App Store

Page 2 of 2

[e-mail]
[phone]
NOTE TO EDITORS: For additional information visit Apple's PR website, or call Apple's Media Helpline at [phone].

Apple, the Apple logo, Mac, Mac OS, Macintosh, iPhone, iPod touch and iTunes are trademarks of Apple. Other company and product
names may be trademarks of their respective owners.

Page 30

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3/27/2011

Apple Reports Fourth Quarter Results

Page 1 of 5

Mac
iPod
iPhone
iPad
iTunes
Support
Data Summary

Apple Reports Fourth Quarter Results
Record Mac, iPhone and iPad Sales
Highest Revenue and Earnings Ever
CUPERTINO, California—October 18, 2010—Appl0 today announced financial results for its fiscal 2010 fourth
quarter ended September 25, 2010. The Company posted record revenue of $20.34 billion and net quarterly profit
of $4.31 billion, or $4.64 per diluted share. These results compare to revenue of $12.21 billion and net quarterly
profit of $2.53 billion, or $2.77 per diluted share, in the year-ago quarter. Gross margin was 36.9 percent
compared to 41.8 percent in the year-ago quarter. International sales accounted for 57 percent of the quarter's
revenue.
Apple sold 3.89 million Macs during the quarter, a 27 percent unit increase over the year-ago quarter. The
Company sold 14.1 million iPhones in the quarter, representing 91 percent unit growth over the year-ago quarter.
Apple sold 9.05 million iPods during the quarter, representing an 11 percent unit decline from the year-ago
quarter. The Company also sold 4.19 million iPads during the quarter.
"We are blown away to report over $20 billion in revenue and over $4 billion in after-tax earnings—both all-time
records for Apple," said Steve Jobs, Apple's CEO. "iPhone sales of 14.1 million were up 91 percent year-over-year,
handily beating the 12.1 million phones RIM sold in their most recent quarter. We still have a few surprises left for
the remainder of this calendar year."
"We're thrilled with the performance and strength of our business, generating almost $5.7 billion in cash flow from
operations during the quarter," said Peter Oppenheimer, Apple's CFO. "Looking ahead to the first fiscal quarter of
2011, we expect revenue of about $23 billion and we expect diluted earnings per share of about $4.80."
Apple will provide live streaming of its Q4 201 0 financial results conference call beginning at 2:00 p.m. PDT on
October 18, 201 0 at www.apple.com/quicktime/qtv/earningsq410/ . This webcast will also be available for replay
for approximately two weeks thereafter.
This press release contains forward-looking statements including without limitation those about the Company's
estimated revenue and earnings per share. These statements involve risks and uncertainties, and actual results maN,
differ. Risks and uncertainties include without limitation the effect of competitive and economic factors, and the
Company's reaction to those factors, on consumer and business buying decisions with respect to the Company's
products; continued competitive pressures in the marketplace; the .ability of the Company to deliver to the
marketplace and stimulate customer demand for new programs, products, and technological innovations on a
timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and/or
increases in component costs could have on the Company's gross margin; the inventory risk associated with the
Company's need to order or commit to order product components in advance of customer orders; the continued
Page 31

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5/25/2011

Apple Reports Fourth Quarter Results

Page 2 of 5

availability on acceptable terms, or at all, of certain components and services essential to the Company's business
currently obtained by the Company from sole or limited sources; the effect that the Company's dependency on
manufacturing and logistics services provided by third parties may have on the quality, quantity or cost of product1
manufactured or services rendered; the Company's reliance on the availability of third-party digital content; the
potential impact of a finding that the Company has infringed on the intellectual property rights of others; the
Company's dependency on the performance of distributors, carriers and other resellers of the Company's products
the effect that product and service quality problems could have on the Company's sales and operating profits; the
Company's reliance on sole service providers for iPhoneo in certain countries; the continued service and availability
of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances
that could disrupt supply, delivery, or demand of products; potential litigation from the matters investigated by the
special committee of the board of directors and the restatement of the Company's consolidated financial
statements; and unfavorable results of other legal proceedings. More information on potential factors that could
affect the Company's financial results is included from time to time in the Company's public reports filed with the
SEC, including the Company's Form 10-K, as amended, for the fiscal year ended September 26, 2009, its Forms 10
-Q for the quarters ended December 26, 2009; March 27, 2010; and June 26, 2010; and its Form 10-K for the fiscz
year ended September 25, 2010 to be filed with the SEC. The Company assumes no obligation to update any
forward-looking statements or information, which speak as of their respective dates.
Apple designs Macs, the best personal computers in the world, along with OS X, iLife, iWork, and professional
software. Apple leads the digital music revolution with its iPods and iTunes online store. Apple is reinventing the
mobile phone with its revolutionary iPhone and App Store, and has recently introduced its magical iPad which is
defining the future of mobile media and computing devices.
Press Contacts:
Steve Dowling
Apple
[e-mail]
[phone]
Investor Relations Contacts:
Nancy Paxton
Apple
[e-mail]
[phone]
Joan Hoover
Apple
[e-mail]
[phone]
NOTE TO EDITORS: For additional information visit Apple's PR website, or call Apple's Media Helpline at [phone].

Apple, the Apple logo, Mac, Mac OS, Macintosh and iPhone are trademarks of Apple. Other company and product names may be
trademarks of their respective owners.

Page 32

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5/25/2011

Apple Reports Fourth Quarter Results

Page 3 of 5

Apple Inc,
UNAUDITED CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(In millions, except share amounts which are reflected in thousands and per share amounts)

Three Months Ended
September 25,

. Twev Months Ended
.

September 26,
2

ptember 2.5,
2010

12,207

65,225

12,4331

7.102

39.541

7 S12

5 105

25,684

1;
_

494
1 571

358
1 063

1,782
5 517

1

2010

Net sales

20,343

Cost of sales (11
Gross margin ....... _ ...... ...... .... ______________.._

S

Septembei
2009

Operating expenses:

Research and development 4 ”

,

Selling, general and administrative w

____

Total operating expenses

2,065

1,421

7 299

5A47

3,684

18,385

14

45

155

_

income before provision for income taxes., ..... _______

5,461

3,729

18,540

1;

Provision for income taxes..........—_---.............-----

1 153

1,197

4.527

Net income

4,33:

.2532

•t W

Operating income

........... _ ....... _______ ..... .______

Other income and expense_

Earnings per common share:
Basic
Diluted

11

-

,
$
$

4.71
4.64

5
$

2.82

$

2.77

$

15.41
15.15

$
$

Shares used in computing earnings per share:

Basic

914,555
928,825

Diluted

898,032
914,374

909,461
924,712

89:7
90;

Includes stock-based compensation expen Se as
follows:

Research and devebpment .

$
$

Selling, general and administrative- ..... .................—

$

39

5

29

$

151

$

83
102

$
$

66
85

$
$

323
405

$
$

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5/25/2011

Apple Reports Fourth Quarter Results

Page 4 of 5

Apple inc.
UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEETS

(In nr ;HicAls, except share amounts)

September 25, 2010

September 26,2

ASSETS:
Current assets:
Short-term marketable securities
Accounts receivable, less allowances of $55 and $52, respectively ....„„_____
Inventories
.., , ,.. ,..,.._ .„,._,,
Deferred tax assets
Vendor non-trade receivables
Other current assets ......... _____________________________________-________-______-___—_---__-_—_---_,
Total current assets_ ...

11,261
14,359
5,510
1,051
1,636
4,414
3447
41,67S

Long-term marketable securities _____ .............. ..... ................ ...........,..... ...... ___________
P roperty, plant and equipment, net„_-------....„ ....... __-_____-____-_---Goodwill
_
Acquired intangible assets, net
Other assets___,„ ..... _, . , .. ___ ..... ________________,__________-_-------

25,391
4,76•
741
342
2.263

1C
2

71-1S-3,

12

_..........._........___.....____

S

-

5
1E
3
1
1
J
31

....1.

LIABILITIES AND SHAREHOLDERS' EQUITY:
Current liabilities:
Accounts payable.__,_______.__.Accrued expenses ________________________---Defe rred revenue ______"...... ....... ----......................_______------__
Total current liabilities
Deferred revenue - non<urrent
Other non-current liabilities

L. t3

;
3
...2
11

12,015
5,723
2 984
20,722
1,139
5,531

3
1,

27,392

Commitments and contingencies
Shareholders' equity:
Common stock, no par value; 1,800,000,000 shares authorized;
915,970,050 and 899,805,500 shares issued and outstanding, respectively__
R etained earnings
........ ............ ..... _____________
........ .............
.....................
Accumulated other comprehensive
Total shareholders' equity
Total liabilities and shareholders' equity.... ............ .......

10,668
37,169

23

(46)
47 791

Y
.]

75,183.

S

17

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5/25/2011

Apple Reports Fourth Quarter Results

Page 5 of 5

Apple Inc.
UNAUDITED CONDENSED C N OLIDATED STATEMENTS OF CASH F OWS
(In millions)
Twelve Months Ended
September 25, 2010
Cash and cash equivatents, beginning of the year... ...... __________

5,263

5

Operating activities:
Net income
Adjustments to reconcile net income to cash generated by operating
activities:
Depreciation, amortization and accretion
Stock-based compensation expense.______
Deferred income tax expense ... . .
.... ....
Loss on disposition of property, plant and
Changes in operating assets and liabilities:
Accounts receivable, net
Inventories— ......................................
Vendor non-trade
Other current assets_
Other assets
Accounts payable ...............
Deferred revenue ........ ........... ............................ ...............
Other liabilities

1,027
879
1,440
24
(2,142)
(596)
(2,718)
(1,514)
(120)
6,307
1,217
778
18.595
(57,793)
24,930
21,788
(18)
(638)
(2,005)
(116)
(21
(13,854)

Financing activities:
Proceeds ftom issuance of common
Excess tax benefits from stock-based compensation
Taxes paid related to net share settlement of equity
Cash generated by financing
increasendecrease) in cash and cash equivalents
Cash and cash equivalents, end of the year
Supplemental cash now disclosure:
Cash paid for income taxes,

S

14,01:3

Cash generated by operating activities
Investing activities:
Purchases of marketable
Proceeds from maturities of marketable securities
...........
Proceeds from sales of marketable securities... .. „ ...
Purchases of other long-terM investments
Payments made in connection with business acquisitions, net of cash
acquired
Payments for acquisition of property, plant and equipment .....
Payments for acquisition of intangible assets
Other .
Cash used in investing activities..

September 26, 21

(
15
1C

(1.
—
f17,

912
751
(406)
1j57
5,998
:

11,261
2,697

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5/25/2011