Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 754

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration of Hankil Kang In Support of Samsung's Administrative Motion to File Documents Under Seal, #2 Exhibit 1 to Kang Decl.: [REDACTED] Samsung's Motion for a Protective Order, #3 Exhibit 2 to Kang Decl.: [REDACTED] Samuel Lee Declaration ISO Samsung's Motion for Protective Order, #4 Exhibit 3 to Kang Decl.: [REDACTED] Gee Sung Choi Declaration ISO Samsung's Motion for Protective Order, #5 Exhibit 4 to Kang Decl.: [REDACTED] Jong Kyun Shin Declaration ISO Samsung's Motion for Protective Order, #6 Exhibit 5 to Kang Decl.: [REDACTED] WonPyo Hong Declaration ISO Samsung's Motion for Protective Order, #7 Exhibit 6 to Kang Decl.: [REDACTED] Heonbae Kim Declaration ISO Samsung's Motion for Protective Order, #8 Exhibit 7 to Kang Decl.: [REDACTED] Seunghwan Cho Declaration ISO Samsung's Motion for Protective Order, #9 Exhibit 8 to Kang Decl.: [REDACTED] Dong Jin Koh Declaration ISO Samsung's Motion for Protective Order, #10 Exhibit 9 to Kang Decl.: [REDACTED] Dale Sohn Declaration ISO Samsung's Motion for Protective Order, #11 Exhibit 10 to Kang Decl.: [REDACTED] Joseph Cheong Declaration ISO Samsung's Motion for Protective Order, #12 Declaration of Rachel Herrick Kassabian ISO Samsung's Motion for Protective Order, #13 Exhibit A to Kassabian Declaration, #14 Exhibit B to Kassabian Declaration, #15 Exhibit C to Kassabian Declaration, #16 Exhibit D to Kassabian Declaration, #17 Exhibit E to Kassabian Declaration, #18 Exhibit F to Kassabian Declaration, #19 Exhibit G to Kassabian Declaration, #20 Exhibit H to Kassabian Declaration, #21 Exhibit I to Kassabian Declaration, #22 Exhibit J to Kassabian Declaration, #23 Exhibit K to Kassabian Declaration, #24 Exhibit L to Kassabian Declaration, #25 Exhibit M to Kassabian Declaration, #26 Exhibit N to Kassabian Declaration, #27 Proposed Order Granting Samsung's Motion to File Documents Under Seal, #28 Proposed Order Granting Samsung's Motion for a Protective Order)(Maroulis, Victoria) (Filed on 2/23/2012)

EXHIBIT N

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

Form 10-K
(Mark One)
_
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended September 24, 2011
Or

TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from

to

Commission file number: 000-10030

APPLE INC.
(Exact name of registrant as specified in its charter)

California
(State or other jurisdiction of incorporation or organization)

94-2404110
(I.R.S. Employer Identification No.)

1 Infinite Loop
Cupertino, California
(Address of principal executive offices)

95014
(Zip Code)

Registrant’s telephone number, including area code: [phone]
Securities registered pursuant to Section 12(b) of the Act:
Common Stock, no par value
(Title of class)

The NASDAQ Global Select Market
(Name of exchange on which registered)
Securities registered pursuant to Section 12(g) of the Act: None

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.
Yes _

No …

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act.
Yes …

No _

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for
such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yes _

No …

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant
to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yes _

No …

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K (section 229.405 of this chapter) is not contained herein, and will not be contained, to the best
of the registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. …
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated
filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.
Large accelerated filer _
Non-accelerated filer …

Accelerated filer
Smaller Reporting Company

(Do not check if smaller reporting company)

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act).
Yes …

No _

The aggregate market value of the voting and non-voting stock held by non-affiliates of the registrant, as of March 25, 2011, the last business day of the Company’s most recently completed
second fiscal quarter, was approximately $322,921,000,000 based upon the closing price reported for such date on the NASDAQ Global Select Market. For purposes of this disclosure, shares
of common stock held by persons who hold more than 5% of the outstanding shares of common stock and shares held by executive officers and directors of the registrant have been excluded
because such persons may be deemed to be affiliates. This determination of executive officer or affiliate status is not necessarily a conclusive determination for other purposes.
929,409,000 shares of Common Stock Issued and Outstanding as of October 14, 2011
DOCUMENTS INCORPORATED BY REFERENCE
(1) Portions of the registrant’s definitive Proxy Statement relating to its 2012 Annual Meeting of Shareholders are incorporated by reference into Part III of this Annual Report on Form 10-K
where indicated. Such Proxy Statement will be filed with the U.S. Securities and Exchange Commission within 120 days after the end of the fiscal year to which this report relates.

believe they can obtain sufficient supply. Because of the foregoing, backlog should not be considered a reliable indicator of the Company’s
ability to achieve any particular level of revenue or financial performance.
Employees
As of September 24, 2011, the Company had approximately 60,400 full-time equivalent employees and an additional 2,900 full-time equivalent
temporary employees and contractors.
Available Information
The Company’s Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K, and amendments to reports filed
pursuant to Sections 13(a) and 15(d) of the Securities Exchange Act of 1934, as amended (“Exchange Act”), are filed with the U.S. Securities
and Exchange Commission (the “SEC”). Such reports and other information filed by the Company with the SEC are available free of charge on
the Company’s website at www.apple.com/investor when such reports are available on the SEC website. The public may read and copy any
materials filed by the Company with the SEC at the SEC’s Public Reference Room at 100 F Street, NE, Room 1580, Washington, DC 20549.
The public may obtain information on the operation of the Public Reference Room by calling the SEC at 1-800-SEC-0330. The SEC maintains
an Internet site that contains reports, proxy and information statements and other information regarding issuers that file electronically with the
SEC at www.sec.gov . The contents of these websites are not incorporated into this filing. Further, the Company’s references to the URLs for
these websites are intended to be inactive textual references only.
Item 1A.

Risk Factors

Because of the following factors, as well as other factors affecting the Company’s financial condition and operating results, past financial
performance should not be considered to be a reliable indicator of future performance, and investors should not use historical trends to anticipate
results or trends in future periods.
Global economic conditions could materially adversely affect the Company.
The Company’s operations and performance depend significantly on worldwide economic conditions. Uncertainty about global economic
conditions poses a risk as consumers and businesses postpone spending in response to tighter credit, unemployment, negative financial news
and/or declines in income or asset values, which could have a material negative effect on demand for the Company’s products and services.
Demand also could differ materially from the Company’s expectations because the Company generally raises prices on goods and services sold
outside the U.S. to offset the effect of a strengthening of the U.S. dollar. Other factors that could influence demand include increases in fuel and
other energy costs, conditions in the real estate and mortgage markets, unemployment, labor and healthcare costs, access to credit, consumer
confidence, and other macroeconomic factors affecting consumer spending behavior. These and other economic factors could materially
adversely affect demand for the Company’s products and services and the Company’s financial condition and operating results.
In the event of financial turmoil affecting the banking system and financial markets, additional consolidation of the financial services industry, or
significant financial service institution failures, there could be a new or incremental tightening in the credit markets, low liquidity, and extreme
volatility in fixed income, credit, currency, and equity markets. This could have a number of effects on the Company’s business, including the
insolvency or financial instability of outsourcing partners or suppliers or their inability to obtain credit to finance development and/or
manufacture products resulting in product delays; inability of customers, including channel partners, to obtain credit to finance purchases of the
Company’s products; and failure of derivative counterparties and other financial institutions. Other income and expense also could vary
materially from expectations depending on gains or losses realized on the sale or exchange of financial instruments; impairment charges
resulting from revaluations of debt and equity securities and other investments; interest rates; cash balances; and
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