Apple Inc. v. Amazon.Com, Inc.

Filing 44

EXHIBITS re 39 Declaration in Support, Continuation of Exhibits filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 28, # 2 Exhibit 29, # 3 Exhibit 30a, # 4 Exhibit 30b, # 5 Exhibit 31, # 6 Exhibit 32a, # 7 Exhibit 32b)(Related document(s) 39 ) (Givan, Sarah) (Filed on 6/1/2011)

EXHIBIT 31

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(Credit: ComScore)

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Eyeing the entire mobile phone landscape--not just smartphones--Samsung devices grabbed 24.8 percent of U.S. subscribers in the fourth
quarter, ComScore said. Capturing the highest market share among all device makers, Samsung was also the only handset maker among the
top five to see its share increase during the quarter. LG, Motorola, RIM, and Nokia rounded out ComScore's list of top handset makers.

3.7%

18„.4%

19_9%
—
, 4 2%
Microsoft

Apple

, 31.6%
128.7%
_
125,0%

121.4%
1
I 24 3%

100.0%

1 100.0%
137.3%

Dec-10

Sep-10

Google

e Subscnbers

Sep. 2010

Share (eh) of Smar:phone Subscribers

RIM

Total Sala

Source: cornScore MobiLens
_

Total U.S. Smartphone Subscribers Ages 13+

3 Month Avg. Ending Dec. 2010 vs. 3 Month Avg Ending

Android's rise in the U.S. market reflects its growth worldwide, according to a recent report from Canalys.

For the quarter, only Android and Apple showed gains in smartphone
market share among the top five, noted ComScore. But the market as a
whole continues to swell. Overall, 63.2 million people in the U.S. owned
smartphones during the quarter, a 60 percent increase from the fourth
quarter of 2009.

In fourth place with 8.4 percent share was Microsoft, which released its
new Windows Phone 7 platform in October. The No. 5 slot went to
Hewlett-Packard's Palm, which held 3.7 percent of the market.

The rankings show BlackBerry maker Research In Motion still at the top.
However, its 31.6 percent slice of the market was a 5.7 point drop from the
third quarter.

In the fourth quarter, the Android operating system accounted for 28.7 percent of U.S. smartphone market share, edging out Apple's OS,
which captured 25 percent of the market. That represents a reversal from the third quarter when ComScore tracked Android with a 21.4
percent share and Apple with 24.3 percent.

Android has swiped second place from Apple as it climbs the ranks of the top smartphone platforms in the U.S., ComScore reported
yesterday.

385

by Lance Whitney

Android outshines Apple in 4th quarter

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ComScore also reported on how people are using their phones. Beyond talking, more people are using their cell phones for text messaging
(68 percent) and mobile browsing (36.4 percent). Using downloaded apps (34.4 percent), accessing social network sites (24.7 percent),
playing games (23.2 percent), and listening to music (15.7 percent) were also top activities.

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