Apple Inc. litigation
The multinational technology corporation Apple Inc. has been a participant in various legal proceedings and claims since it began operation and, like its competitors and peers, engages in litigation (trying legal cases before the courts) in its normal course of business for a variety of reasons. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests.
From the 1980s to the present, Apple has been plaintiff or defendant in civil actions in the United States and other countries. Some of these actions have determined significant case law for the information technology industry and many have captured the attention of the public and media. Apple's litigation generally involves intellectual property disputes, but the company has also been a party in lawsuits that include antitrust claims, consumer actions, commercial unfair trade practice suits, defamation claims, and corporate espionage, among other matters.
Apple is a member of the Business Software Alliance (BSA), whose principal activity is trying to stop copyright infringement of software produced by BSA members; Apple treats all its intellectual property as a business asset, engaging in litigation as one method among many to police its assets and to respond to claims by others against it. Apple's portfolio of intellectual property is broad enough, for trademarks alone, to encompass several pages of the company's web site and, in April 2012, it listed 176 general business trademarks, 79 service marks, seven trademarks related to NeXT products and services, and two trademarks related to FileMaker. Apple claims copyright interests in multiple products and processes and owns and licenses patents of various types as well and, while it states it generally does not license its patent portfolio, it does work with third parties having an interest in product interoperability. Steve Jobs alone was a named inventor on over 300 design and utility patents. Between January 2008 and May 2010, Apple Inc. filed more than 350 cases with the U.S. Patent and Trademark office (USPTO) alone, most in opposition to or taking exception to others' use of the terms 'apple', 'pod', and 'safari'; those cases include sellers of apples (the fruit), as well as many others' less unassuming use of the term 'apple'.
Apple iPod, iTunes antitrust litigation
The case In re Apple iPod iTunes Antitrust Litigation was filed as a class action in 2005 claiming Apple violated the U.S. antitrust statutes in operating a music-downloading monopoly that it created by changing its software design to the proprietary FairPlay encoding in 2004, resulting in other vendors' music files being incompatible with and thus inoperable on the iPod. The suit initially alleged that five days after RealNetworks released in 2004 its Harmony technology making its music playable on iPods, Apple changed its software such that the RealNetworks music would no longer play on iPods. The claims of Apple's changes to its encoding and its refusal to license FairPlay technology to other companies were dismissed by the court 2009, but the allegation of Apple's monopoly on the iPod's music download capabilities between 2004 and 2009 remained as of July 2012. In March 2011, Bloomberg news reported that, after a related 3-year inquiry by the Competition Commission, Apple agreed in 2008 to lower its prices on iTunes tracks sold in the United Kingdom (U.K.) and that Steve Jobs had been directed by the court in March 2011 to make himself available to be deposed on Apple's FairPlay changes as they relate to the plaintiffs' monopolization claim.
Apple and AT&T Mobility antitrust class action
In the class action filed in 2008 against Apple, Inc. and AT&T Mobility In re Apple & AT&T Mobility Antitrust Litigation, the plaintiffs claim that Apple and AT&T illegally restrained competition, locked consumers into agreements with AT&T, and punished them if they tried to leave. In their complaint filed with the court, the plaintiffs alleged violations of the Sherman Antitrust Act, breach of warranty under the Magnuson–Moss Warranty Act, and other violations of consumer protection laws; the plaintiffs also alleged that these violations occurred when consumers were offered iPhones by Apple only if they signed a two-year service agreement with AT&T Mobility but that, unknown to consumers at the time of purchasing the iPhones, the two companies agreed to technologically restrict voice and data service in the aftermarket for continued voice and data services after the consumers' initial two-year service period expired, while at the same time continuing to share revenue stemming from provision of voice and data services to iPhone users. The plaintiffs allegations included that such an arrangement is a violation of the U.S. federal antitrust laws, of consumer protection laws, and of the Consumer Fraud and Abuse Act, that the arrangement constituted monopolization of the aftermarket, that it constituted a conspiracy to monopolize the aftermarket, and that as such and as an unfair and deceptive trade practice the alleged conduct deprived consumers of the benefit of their bargain in the purchase of iPhones. In October 2008, the court denied the defendants' motions to dismiss the case on the federal claims and granted their motions to dismiss the state unfair trade practice claims except in California, New York, and Washington, but gave the plaintiffs leave to amend those claims. The case remained pending before the Ninth Circuit appellate court in late 2011. It was reported it would likely be quite some time before this complex multidistrict litigation is fully resolved, with the claims still in dispute those of antitrust violations.
European antitrust investigation
In 2008, Apple agreed to cut the price U.K. consumers pay to download music for their iPods after a formal complaint to the European Commission from the U.K. consumer group Which? demonstrated higher prices in U.K. for the same iTunes songs sold elsewhere in the European Union (EU). The Commission began an antitrust investigation in 2007 of Apple's business practices after the complaint was made, but ultimately the Commission probe found no agreements between Apple and major record labels on how iTunes is run in Europe, only that Apple had been paying higher wholesale prices to U.K. music labels and was passing the cost along to U.K. customers.
Federal eBook price-fixing claims
In April 2012, the U.S. Justice Department (DOJ) brought a civil antitrust action against Apple, HarperCollins, Macmillan Publishers, Penguin Books, Simon & Schuster, and Hachette Book Group, Inc., alleging violations of the Sherman Act. The suit was filed in the Southern District of New York and alleges the defendants conspired to restrain retail price competition in the sale of e-books because they viewed Amazon's price discounting as a substantial challenge to their traditional business model. Regarding Apple in particular, the federal complaint alleged that "Apple facilitated the Publisher Defendants' collective effort to end retail price competition by coordinating their transition to an agency model across all retailers. Apple clearly understood that its participation in this scheme would result in higher prices to consumers." In such an agency-model, publishers set prices rather than sellers. Fifteen states and Puerto Rico also filed a companion federal case in Austin, Texas, against Apple, Penguin, Simon & Schuster and Macmillan. In the same month, HarperCollins, Hachette and Simon & Schuster settled with both the DOJ and the state attorneys general, with HarperCollins and Hachette agreeing to pay Texas and Connecticut $52m USD in consumer restitution, leaving Apple, Penguin, and Macmillan as remaining defendants. As of July 2012, the case was still in the discovery stage of litigation.
Consumer class actions
Technical support class action
From 1993 to 1996, Apple developed a marketing strategy that promised free and unlimited live-telephone support on certain products for as long as the original purchaser owned those products; by 1997, however, changes in Apple's AppleCare support policy led Apple to rescind the offer, resulting in a consumer class action lawsuit for breach of contract. Apple denied wrongdoing but, in settlement of the claims, Apple ultimately reinstated the telephone support for the duration of original ownership of the otherwise obsolete products and customers affected by the change were given a limited reimbursement if they had been refused telephone support, had been charged per incident, or had incurred third party support charges.
iPod battery life class action
In 2004 and 2005, two state-level class action suits were filed against Apple in New York and California alleging the first, second, and third generation iPod music players sold prior to May 2004 did not have the battery life represented and/or that the battery's capacity to take and hold a charge substantially diminished over time. Rather than litigate these claims, Apple entered into a settlement agreement in August 2005 after a fairness hearing in the California action, with the settlement terms designed to end the New York action as well. An appeal followed the California court's approval of the settlement but the appellate court upheld the settlement in December 2005. Eligible members of the class were entitled to extended warranties, store credit, cash compensation, or battery replacement, and some incentive payments, with all unfiled claims expiring after September 2005. Apple agreed to pay all costs of the litigation, including incentive payments to the class members and the plaintiffs' attorney fees, but admitted no fault. In 2006 Apple Canada, Inc., also settled several similar Canadian class action suits alleging misrepresentations by Apple regarding iPod battery life.
iPad and iPhone privacy issue class action
In December 2010, two separate groups of iPhone and iPad users sued Apple, alleging that certain software applications were passing personal user information to third-party advertisers without the users' consent. The individual cases were consolidated in the U.S. District Court for the Northern District of California, San Jose division, under the title In Re iPhone Application Litigaton, and further defendants were added to the action. The complainants petitioned the court for a ban on the "passing of user information without consent and monetary compensation," claimed damages for breach of privacy, and sought redress for other enumerated claims. Press reports stated that in April 2011, Apple agreed to amend its developer agreement to stop this from happening "except for information directly necessary for the functionality of the apps"; however, the suit alleged that Apple took no steps to do this or enforce it "in any meaningful way due to criticism from advertising networks."
The Associated Press (AP) reported a pending congressional inquiry into the matter, with United States Congress members stating that commercial storage and usage of location information without a consumer's express consent is illegal under current law, but Apple defended its use of customer tracking in a letter released May 9, 2011 by the House of Representatives. National Public Radio's senior director of technology published an article examining the data collected by his own iPhone, showing examples of the data collected and maps correlating the data. Separately, digital forensics researchers reported they regularly use the data collected from Apple mobile devices in working with law enforcement officials investigating crimes and have been doing so since at least mid-2010. In contrast with earlier statements, Apple revealed in a hearing with the U.S. Senate Judiciary Committee that a "software bug" caused iPhones to continue to send anonymous location data to the company's servers, even when location services on the device were turned off.
In September 2011, the District Court granted Apple's motion to dismiss for lack of Article III standing and failure to state a claim, but gave the plaintiffs leave to amend their complaint, thereby not shutting out the claims permanently. The court ruled that without a showing of legal damages compensable under current law, the plaintiffs had not shown they sustained injury in fact by the defendants' actions. The problem facing the plaintiffs is the current state of electronic privacy law, the issue being that there is no national privacy law that provides for compensatory damages for breach of privacy, and this is the same issue faced by victims of data breaches, as breaches, per se, sustain no legal damages without a showing of actual and measurable harm such as monetary loss. Under U.S. law as of July 2012, it is only when a data breach results in actual loss as defined by applicable law that compensable damages arise. The case remained on the California court's docket as of July 2012.
iTunes price-switching class action
In June 2009, a group of consumers filed the class action suits Owens v. Apple, Inc. and Johnson v. Apple Inc. against Apple on behalf of American individuals who purchased iTunes gift cards and who were then unable to use the cards to purchase iTunes music at the price advertised on the card because Apple raised the price of the music after it sold the cards to consumers. The Johnson case absorbed the Owens case and was settled on February 10, 2012, with payments to be made to consumers by Apple. The Owens complaint alleged that Apple wrongfully marketed, distributed, and sold iTunes gift cards and songs through its online iTunes store, while representing that consumers could use the gift cards to purchase songs for US$.99 a song and then, after such gift cards were purchased, raised the price on certain songs to $1.29 on April 7, 2009. The lawsuit's allegations included that Apple's conduct constituted breach of contract, violated the state consumer fraud statute, and violated consumer protection statutes of other states. The plaintiffs sought a $.30 refund remedy for each song that class members purchased using a $.99 iTunes card for which they were charged $1.29, plus their attorneys' fees and costs. Apple mounted a vigorous defense and sought to dismiss the suit but lost its motion in December 2009. Individuals are part of the class of plaintiffs if they are U.S. residents who purchased or received an iTunes Gift Card on which the card itself or its packaging contained language to the effect that songs were priced at $0.99 and who used the card to purchase one or more $1.29 songs from the iTunes Store on or before May 10, 2010. The settlement provides class members with an iTunes Store credit of $3.25 if an online claim form was submitted on or before September 24, 2012.
Unfair trade practice
Resellers v. Apple
In 2004, independent Apple resellers filed a lawsuit against Apple alleging the company used misleading advertising practices by using unfair business practices that harmed the resellers' sales while boosting Apple-owned outlets, in effect by favoring its own outlets over those of its resellers. The lawsuit claimed that Apple favored company-owned stores by providing significant discounts unavailable to independent dealers. The complaint alleged Apple's acts in favoring its own stores constituted breach of contract, false advertising, fraud, trade libel, defamation, and intentional interference with prospective economic advantage. As of 2006, Apple reached settlements with all of the plaintiffs, including the bankruptcy trustee for one reseller that failed, while the former principal of that company appealed the bankruptcy court's approval of the settlement.
Libel dispute with Carl Sagan
In 1994, engineers at Apple Computer code-named the mid-level Power Macintosh 7100 "Carl Sagan" after the popular astronomer in the hope that Apple would make "billions and billions" with the sale of the computer. Apple used the name only internally, but Sagan was concerned that it would become a product endorsement and sent Apple a cease and desist letter. Apple complied, but its engineers retaliated by changing the internal codename to "BHA" for "Butt-Head Astronomer". Sagan then sued Apple for libel in federal court. The court granted Apple's motion to dismiss Sagan's claims and opined in dicta that a reader aware of the context would understand Apple was "clearly attempting to retaliate in a humorous and satirical way", and that "It strains reason to conclude that Defendant was attempting to criticize Plaintiff's reputation or competency as an astronomer. One does not seriously attack the expertise of a scientist using the undefined phrase 'butt-head'." Sagan then sued for Apple's original use of his name and likeness, but again lost and appealed that ruling. In November 1995, Apple and Sagan reached an out of court settlement and Apple's office of trademarks and patents released a conciliatory statement that "Apple has always had great respect for Dr. Sagan. It was never Apple's intention to cause Dr. Sagan or his family any embarrassment or concern." Apple's third and final code name for the project was "LaW", short for "Lawyers are Wimps".
Trademarks, copyrights, and patents
For nearly 30 years Apple Corps (The Beatles-founded record label and holding company) and Apple Inc. (then Apple Computer) litigated a dispute involving the use of the name 'Apple' as a trademark and its association with music. In 1978, Apple Corps filed suit against Apple Computer for trademark infringement and the parties settled in 1981 with Apple Computer paying an undisclosed amount to Apple Corps, later revealed to be $80,000 USD. A primary condition of the settlement was that Apple Computer agreed to stay out of the music business. In 1991, after Apple introduced the Apple IIgs with an Ensoniq music synthesizer chip, Apple Corps alleged the product to be in violation of the terms of their settlement. The parties then reached another settlement agreement and Apple paid Apple Corps around $26.5 million USD, with Apple agreeing it would not package, sell, or distribute physical music materials.
In September 2003, Apple Corps again sued Apple Computer alleging Apple Computer had breached the settlement once more, this time for introducing iTunes and the iPod. Apple Corps alleged Apple Computer's introduction of the music-playing products with the iTunes Music Store violated the terms of the previous agreement in which Apple agreed not to distribute music. The trial opened on March 29, 2006 in the U.K. and ended on May 8, 2006 with the court issuing judgement in favor of Apple Computer. "[I] find no breach of the trademark agreement has been demonstrated," the presiding Justice Mann said.
On February 5, 2007, Apple Inc. and Apple Corps announced another settlement of their trademark dispute, agreeing that Apple Inc. would own all of the trademarks related to 'Apple' and would license certain of those trademarks back to Apple Corps for its continued use. The settlement ended the ongoing trademark lawsuit between the companies, with each party bearing its own legal costs, and Apple Inc. continuing to use the Apple name and logos on iTunes. The settlement's full terms were confidential.
Domain name disputes
In an early domain name dispute, two months before announcing the iMac in July 1998, Apple sued then-teenager Abdul Traya. Having registered the domain name appleimac.com in an attempt to draw attention to the web-hosting business he ran out of his parents' basement, a note on Traya's site stated that his plan was to "generate traffic to our servers and try to put the domain to sale. [sic]" After a legal dispute lasting for nearly a year, Apple settled out of court, paying Traya's legal fees and giving him a 'token payment' in exchange for the domain name.
The Apple-Cohen dispute was a cybersquatting case where a top-level domain registrar's decision differed from prior decisions by awarding a domain name to a subsequent registrant (Apple), rather than to the prior registrant (Cohen). As the decision recounts, in November 2000, Benjamin Cohen of CyberBritain registered the domain name itunes.co.uk. The domain initially pointed to skipmusic.com, and then to cyberbritain.com, and was then inoperative for some time. Apple applied for a U.K. trademark for iTunes in October 2000 which was granted in March 2001, and then launched its U.K. iTunes music store service in 2004. Afterward, Cohen reactivated his registered domain name, redirecting it to iTunes' then-rival, Napster; later Cohen forwarded the domain name to his CyberBritain's cash back/rewards website.
In 2005, Apple took the matter to the Dispute Resolution Service operated by .uk domain name registry Nominet UK (the DRS), claiming that Apple had trademark rights in the name "iTunes" and that the use of the domain name by Cohen's company was abusive (these being the two tests under the DRS rules for prevailing in a matter where the complaint related only to the later use of a trademarked name). The dispute was unresolved at the free mediation stage and so Apple paid for an independent expert to decide the case; the expert decided the dispute in Apple's favor.
Cohen thereafter launched a media offensive claiming the DRS was biased in favor of large businesses and made frequent threats of lawsuits against Nominet. Cohen stated he believed that the DRS system was unfair for a number of reasons and would seek redress against Nominet with the High Court via judicial review. Nominet stated that Cohen should appeal the case via the appeal process in the DRS. Cohen refused and, after several months, instead issued proceedings for judicial review. The High Court at first instance rejected Cohen's case in August 2005, noting that Cohen's company, Cyberbritain Group Ltd., should have used the appeal process forming part of Nominet's domain resolution service. Afterward, Cohen's company asked for a rehearing and, as that case progressed, the interim domain name was transferred to Apple in accord with the expert's decision and thereafter pointed to the Apple music site. In November 2005, Cohen dropped all legal action against Apple.
Cisco Systems: iPhone mark
In 2006, Cisco Systems and Apple negotiated over allowing Apple rights to use Cisco's Linksys iPhone trademark, but the negotiations stalled when Cisco pushed for the two products to be interoperable. Following the public unveiling of the Apple iPhone at the 2007 Macworld Expo, Cisco filed a lawsuit against Apple in January 2007, alleging Apple's iPhone name infringed on Cisco's iPhone trademark. Cisco alleged that Apple created a front company subsequent to their negotiations to try to acquire the rights another way, while Apple countered that there would be no likelihood of confusion between the two products, because Apple's iPhone product was the first cell phone with such a name, while Cisco's iPhone was a VoIP phone. Bloomberg reported Cisco's iPhone as a product marketed for less than $100 and part of the Linksys home routers, enabling internet-based calls through Skype and Yahoo! Messenger, and contrasted it with Apple's iPhone as a mobile phone which sold for around $600. In February 2007, Cisco and Apple announced an agreement under which both companies would be allowed to use the iPhone name worldwide.
Sector Labs: use of Pod
In March 2007, Apple opposed a trademark application by startup Sector Labs, which sought to register "Video Pod" as a mark identifying goods associated with a video projector product. Apple argued that the proposed mark was merely "descriptive" and should be denied because the registration would cause a likelihood of confusion with Apple's pre-existing "iPod" marks. In March 2012, the U.S. Trademark Trial and Appeal Board (TTAB) ruled in Apple's favor and denied Sector Labs' registration, finding that the "iPod" mark was "famous" and therefore entitled to broad protection under U.S. trademark law.
New York City 'GreeNYC' logo
In January 2008, Apple filed an opposition with the U.S. Trademark Trial and Appeal Board against New York City's (NYC) trademark application for the "Big Apple" logo for NYC's GreeNYC initiative. NYC originally filed for its trademark: "a stylized apple design" for "[e]ducation services, namely, providing public service announcements on policies and practices of the City of New York in the field of environmentally sustainable growth" in May 2007, with an amendment filed in June 2007. The TTAB's Notice of Publication was published in September 2007 and Apple filed an opposition with the TTAB the following January, claiming a likelihood of confusion. In June 2008, NYC filed a motion to amend its application to delete the leaf element from its design, leaving the stem, and the TTAB dismissed Apple's opposition and counterclaims in accordance with the parties' stipulation in July 2008. In November 2011, the TTAB issued NYC's trademark registration.
Victoria School of Business and Technology
In September 2008, Apple sent a cease and desist letter to the Victoria School of Business and Technology in Saanich, British Columbia, claiming the school's logo infringed Apple's trademark rights and that the school's logo falsely suggested Apple had authorized the school's activities. The logo in question featured the outline of an apple and a leaf, although the design incorporated a mountain, had three bumps on top of the apple instead of the two used by Apple, and had no bite out of the apple, unlike Apple's logo. In April 2011, the school reported it had settled its 3-year dispute with Apple, was launching a new logo under a new name, Q College, and was expanding its operations. The settlement's full terms were undisclosed.
Woolworths Limited logo
In October 2009, Apple disputed a trademark application by Woolworths Limited in Australia over its new supermarket logo, a stylised "W", similar in shape to an apple. Apple reportedly took objection to the breadth of Woolworths' application, which would allow it to brand products, including consumer electronics, with the logo. In April 2011, Woolworths amended its trademark application to remove various goods and services, such as "apparatus for recording, transmission or reproduction of sound or images" and Apple withdrew its opposition, allowing the trademark to proceed to registration. In August 2011 Woolworths introduced a shopping app for the iPhone, and, as of July 2012 continues to use the logo, including on the face of its iPhone app. The Woolworth's smartphone app is also available on Apple's App Store where the logo is featured prominently; Apple closely manages its App Store offerings.
Apple v. DOPi: lower-case i use
In March 2010, an Australian Trademarks tribunal denied Apple's attempt to prevent a small company from trademarking the name DOPi for use on its laptop bags and cases for Apple products. Apple argued that the DOPi name — which is iPod spelled backwards — is too similar to its own product's name, the iPod.
Proview: iPad trademark
In 2006, Apple secured Taiwanese rights to the iPad mark from the Taiwanese company Proview Electronics; in China the iPad mark was still owned by the subsidiary of Proview Electronics, Shenzhen company Proview Technology, as of April 2012. Proview Technology sued Apple over the rights to the mark in China in 2011; Apple counter-sued but lost and then appealed, with the case before the Xicheng district court, where Proview claimed $1.6 billion USD in damages. Apple paid Proview approximately $53,000 – $55,000 for the mark in 2009. In February 2012, Proview sued Apple in the Santa Clara Superior Court, alleging several permutations of fraud (intentional misrepresentation, concealment, inducement) and unfair competition. Apple paid $60 million to Proview to end the dispute in a court-mediated settlement in the Higher People's Court of Guangdong province; the U.S. case was thrown out of court.
Amazon "App Store"
In 2011, Apple filed suit against Amazon.com alleging trademark infringement, unfair competition, and dilution under the Lanham Act and related California state law over Amazon's use of the "App Store" phrase relating to Amazon's "Amazon Appstore Developer Portal" and Amazon's alleged other similar uses of the phrase. In its complaint, Apple did not refer to "apps" as a common name, but described its applications store as a place consumers license "software programs or products"; Amazon countered in its answer that "app store" is a common phrase meaning a "place to buy apps". Reuters reported that Microsoft was opposing Apple's attempted registration of the phrase as a trademark and that part of the matter was before the Trademark Trial and Appeal Board (TTAB). Apple motioned the court for a preliminary injunction to bar Amazon from using the "App Store" name but, in July 2011, U.S. District Judge Phyllis Hamilton, presiding over Apple's case against Amazon, denied Apple's motion. As of July 2012, the case was still in the discovery stage of litigation.
Apple v. Does
Ultimately decided under the title O'Grady v. Superior Court, the suit filed by Apple against unnamed bloggers raised the issue for the first time of whether bloggers hold the same protections against revealing sources that journalists have. In November 2004, three popular weblog sites featuring Apple rumors publicly revealed information about two unreleased Apple products, the Mac mini and an as yet unreleased product code-named Asteroid, also known as Project Q97. Apple subpoenaed three sites to force them to identify their confidential sources: Apple Insider, Power Page, and, separately, Think Secret, which did no original reporting on the case and thus had no sources to reveal. In February 2005, a trial court in California decided that website operators do not have the same shield law protection as do other journalists. The journalists appealed and, in May 2006, the California Court of Appeal reversed the trial court's decision, ruling that activities in question were covered by the shield law.
Apple v. Think Secret
In Apple Computer v. Deplume, a case illustrating one of Apple's methods of protecting its claims in trade secrets, Apple sued Think Secret's parent company, the dePlume Organization LLC, and Think Secret's editor in January 2005, alleging misappropriation of trade secrets with regard to Think Secret's stories concerning a "headless iMac" and new version of iWork. In response, dePlume filed a motion to dismiss the case based on First Amendment grounds under California's state Anti-SLAPP statute, a law designed to dispense with meritless legal claims attempting to silence valid exercises of freedom of speech. In late 2007, Think Secret announced "Apple and Think Secret have settled their lawsuit, reaching an agreement that results in a positive solution for both sides. As part of the confidential settlement, no sources were revealed and Think Secret will no longer be published."
Apple v. Franklin
Apple v. Franklin established the fundamental basis of copyright of computer software, even if it was provided only as object code or in firmware. In 1982, Apple filed a lawsuit against Franklin Computer Corp., alleging that Franklin's ACE 100 personal computer used illegal copies of the Apple II's operating system and ROM. The case was decided in Franklin's favor but reversed by the Court of Appeals for the Third Circuit.
Object code cases and conflicts of law
Apple's litigation over object code contributed to the development of contemporary copyright law because the company's object code cases brought different results in different courts, creating a conflict of laws that resulted in international litigation. In the 1980s, Apple litigated two copyright cases with central issues that included the question of whether object code (as contrasted with source code) of a computer program is subject to copyright laws. A third case in which Apple was not a party but that involved the Apple decisions followed in New Zealand. The specific cases were Computer Edge Pty. Ltd. v Apple Computer Inc. (1986, Australia) ("Computer Edge"), Apple Computer Inc. v Mackintosh Computers Ltd., (Canada, 1987) ("Apple v. Mackintosh"), and IBM v. Computer Imports Ltd. ("IBM v. Computer Imports"), (New Zealand, 1989).
In the Computer Edge case, the Australian court decided against the then-prevailing opinions in other courts (the U.K., Canada, South Africa, and the U.S.) and ruled object code was not copyrightable, while the Supreme Court of Canada in Apple v. Mackintosh reversed its earlier decisions and ruled that because object code was a translation of source code and embodied in a silicon chip, it was therefore a translation of an original literary work expressed in a material form and unauthorized reproduction of the object code was therefore an infringement of copyright. The Canadian court opined that programs within ROM silicon chips are protected under the Copyright Act of Canada and the conversion from the source code into object code is a form of translation. It further held that such translation does not include the expression of an idea in another form, but rather only applies to the expression of an idea in another language, and that a translation has a one-to-one correspondence between works that are expressed in two different languages.
In these conflict of laws cases, Apple met with conflicting international judicial opinions: an Australian court decision conflicted with a Canadian court decision on the copyrightability of object code. In IBM v. Computer Imports, the High Court of New Zealand then considered these prior decisions and sided with the Canadian decision in ruling that, although object code is not an original literary work in its own right, it is a reproduction of source code in material form and therefore an infringement of copyright takes place if it is copied without the authorization of the copyright owner. Such legal conflicts affected not only Apple, but all other software companies as well, and the conflicts remained unresolved until the creation of an international legal regime embodied in further changes to national copyright laws, which ultimately made object code subject to copyright law. These revisions of law in favor of making object code subject to copyright law are still controversial. The revisions also form the technical underpinnings (via the Digital Millennium Copyright Act (DMCA) and the Electronic Communications Privacy Act) for the legal notions of electronic privacy violation and computer trespass, as well as the further development of anti-hacking law-making such as the Patriot Act and the Convention on Cybercrime.
Apple v. Microsoft and Hewlett-Packard
In 1988, after the introduction of Microsoft's Windows 2.0, Apple filed a lawsuit against Microsoft and Hewlett-Packard alleging that Microsoft Windows and HP's NewWave violated Apple's copyrights in the Macintosh user interface. Cited, among other things, was the use of overlapping and resizable windows in Windows 2.0. The case was one of the "look and feel" copyright lawsuits of the 1980s. After several years in court, Apple's claims against Microsoft were dismissed, primarily due to a license John Sculley had negotiated with Bill Gates for Windows 1.0. The decision was upheld on appeal in 1994, but legal disputes on this topic were still ongoing until 1997, when the two companies came to a wide-ranging agreement that included Microsoft buying non-voting Apple stocks.
Xerox v. Apple Computer
Xerox Corp. v. Apple Computer was a 1989 case where Xerox sued Apple over its graphical user interface (GUI) copyrights, and in which a federal district court dismissed Xerox's claims without addressing whether Apple's GUI infringed Xerox's.
OdioWorks v. Apple
The Odioworks case was one of the first high-profile cases illustrating Apple's attempts to employ federal police power in its litigation practices by invoking the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) as a means of shielding its intellectual property from reverse engineering. In November 2008, Apple sent a cease and desist letter to BluWiki, a non-commercial wiki provider, alleging BluWiki infringed Apple's copyrights in publishing a discussion of how to make the latest iPods inter-operate with other software and that, by so doing, violated the DMCA. In April 2009, Odioworks, the operators of BluWiki, backed by the Electronic Frontier Foundation (EFF), defensively sued Apple seeking a declaration of non-infringement and non-circumvention. In July 2009, Apple ceased claiming infringement, stating it was "withdrawing [Apple's] takedown notifications" and that "Apple no longer has, nor will it have in the future, any objection to the publication of the itunesDB Pages which are the subject of the OdioWorks complaint." After Apple withdrew its complaint and cited code obsolescence as a contributing factor in its decision to withdraw, BluWiki then republished its discussion of the issue. The EFF noted, "While we are glad that Apple retracted its baseless legal threats, we are disappointed that it only came after 7 months of censorship and a lawsuit."
GEM "look and feel" suit
Prevailing in an early copyright infringement suit in the mid-1980s, Apple forced Digital Research to alter basic components in Digital's Graphical Environment Manager ("GEM"), almost a direct copy of the Macintosh's graphical user interface (GUI), or "look and feel". Features Digital removed from GEM as a result of the lawsuit included disk drive icons on the desktop, movable and resizable windows in the file manager, shading in the title bars, and window open/close animations. In addition, visual elements including the scrollbar thumbs and the window close button were changed to be less similar to those in the Mac GUI.
Apple v. eMachines
In 1999, Apple successfully sued eMachines, whose eOne too closely resembled the then-new iMac's trade dress. The eOne was taken off the market, resulting in eMachines' losing the ability to sell the eOne as intended. In eMachines' EDGAR statement for May 1, 2001, eMachines stated that its "net loss for the first quarter of 2001 was $31.1 million, or $0.21 per share, compared to a loss of $11.9 million, or $0.13 per share, in the first quarter of 2000", and that these results "reflect the substantial discounts and incentives that we gave to retailers to enable liquidation of product inventories."
In a dispute illustrating the nature of claims, defenses, and counterclaims for patent infringement based on arguments of prior art and first to file, rival digital music player maker Creative Technology sued Apple in May 2006 for Apple's alleged infringement of Creative's Zen patent claiming Apple infringed Creative's patent for the menuing structures on an MP3 player. Creative claimed it began using its menuing method on its Nomad players in September 2000, approximately a year prior to Apple's first iPod release in October 2001. Creative, a Singapore-based consumer electronics group, also filed a trade complaint with the United States International Trade Commission (ITC) against Apple. Creative asked for a court injunction to block the import and sale of Apple's iPod and iPod nano in the United States and for money damages for past sales. Apple filed a countersuit against Creative on similar grounds.
In August 2006, Apple and Creative settled the suit with Apple agreeing to pay Creative $100 million USD for the right to implement Creative's method of sorting songs on the iPod. The settlement effectively ended the patent dispute and five other pending lawsuits between the two companies. Creative also secured an agreement to participate in the "Made for iPod" program by producing accessories for the iPod.
Typhoon Touch Technologies (touch screen)
In June 2008, Apple was named among others as a defendant in a suit brought by plaintiff Typhoon Touch Technologies in the federal U.S. District Court for the Eastern District of Texas alleging patent infringement in portable touch screen technology. The suit illustrated the vagaries of litigating patent licensing and royalty collection issues in the commercial exploitation of intellectual property rights. Ultimately, Typhoon could not prevail against patent defense arguments of prior art and obviousness and earned itself a reputation as a patent troll. Typhoon acquired two pre-existing patents, (filed in 1993 and 1994 and issued in 1995 and 1997), in mid-2007 for $350,000 plus a percentage of collected licensing fees. The patents had languished for some time and were not being policed; shortly after Typhoon acquired the patents, it began enforcement by bringing suit against exploiters of the technology who had not paid licensing fees. Typhoon was successful in its patent infringement suits against some small companies, and then expanded its litigation to go after larger ones. Typhoon alleged that Apple and others used its patented technology inventions without permission. Typhoon originally filed the suit in December 2007 against Dell after settling with some smaller companies but, in mid-2008, amended its complaint to add Apple, Fujitsu, Toshiba, Lenovo, Panasonic, HTC, Palm, Samsung, Nokia, and LG. In 2010, Apple settled with Typhoon for an undisclosed sum and was then dismissed from the litigation as of September 2010. The other large companies were able to rebuff Typhoon's claims, and Typhoon ceased doing business in 2008 after the U.S. Securities and Exchange Commission (SEC) suspended its trading in a fraud investigation.
Nokia v. Apple (wireless, iPhone)
In October 2009, Nokia Corporation sued Apple for Apple's infringement of Nokia's patents relating to wireless technology; Apple countersued Nokia in December 2009. The two companies engaged in nearly two-years of litigation and both parties amended their claims multiple times and in multiple courts before finally settling in June 2011. For an undisclosed amount of cash and future ongoing iPhone royalties to be paid by Apple, Nokia agreed to settle, with Apple's royalty payments retroactively back-payable to the iPhone's introduction in 2007, but with no broad cross-licensing agreement made between the companies. Apple only agreed to cross-license some patents to Nokia. "Apple said in a statement today that Nokia will have a license to some technology, “but not the majority of the innovations that make the iPhone unique.” Apple gets a license to some of Nokia’s patents, including ones that were deemed essential to industry standards on mobile phones.
Apple v. HTC
Apple filed a patent infringement suit against High Tech Computer Corp. (HTC) in March 2010 in the U.S. District Court for the District of Delaware in the two companies' ongoing battle with each other, and a complaint against HTC under Section 337 of the Tariff Act of 1930 with the U.S International Trade Commission (ITC) in Washington, D.C. Apple's suit alleged 20 separate patent infringements relating to the iPhone's user interface, underlying architecture and hardware. Steve Jobs exclaimed "We can sit by and watch competitors steal our patented inventions, or we can do something about it. We've decided to do something about it ... [We] think competition is healthy, but competitors should create their own original technology, not steal ours". The ITC rejected all but one of Apple's claims, however, ruling for Apple on a single claim relating to data tapping. HTC motioned the Delaware court for a change of venue to the Northern District of California, arguing against Apple's desire to consolidate the case with the similar cases brought by Nokia against Apple, alleging insubstantial overlap between those cases and Apple's complaint, but Judge Gregory M. Sleet denied HTC's motion for a venue change, ruling that Apple's choice of forum would prevail. HTC countersued Apple in September 2011 in the same court claiming infringement of four patents HTC obtained from Google, also filing a counter-complaint with the ITC, with HTC's general counsel saying "HTC will continue to protect its patented inventions against infringement from Apple until such infringement stops." In May 2012 the Delaware court ordered mediation between the companies. In November 2012, HTC and Apple ended the patent dispute by settling the case, but did not disclose the terms of the settlement. The companies reported the settlement included a 10-year agreement for licensing both companies' current and future patents to each other."
Kodak v. Apple (digital imaging)
Eastman Kodak sued Apple and Research In Motion (RIM) in January 2010, filing two lawsuits against Apple and a complaint with the U.S. International Trade Commission against both Apple and RIM after the companies refused to pay royalties for use of Kodak's patents for digital cameras. Kodak alleged Apple's and RIM's phones infringed on patented Kodak digital imaging technology. Kodak sought an injunction against further imports into the U.S. of Apple's iPhone and RIM's BlackBerry. After Kodak filed an additional suit in January 2012 against Apple and another against HTC claiming infringement of four of its key patents, Apple filed a countersuit with the U.S. Bankruptcy Court to block Kodak's efforts to use the disputed patents as collateral for loans. In the January complaint Kodak claimed violations of the same image preview technology at issue in the original dispute between Kodak, Apple, and RIM that is, as of 2012, pending before ITC. In March 2012, bankruptcy court judge Allen Gropper, overseeing Kodak's restructuring, denied Apple's request to file a patent complaint with the ITC over some of Kodak's cameras, photo frames, and printers. In July 2012, the Court of Appeals for the Federal Circuit ruled that Kodak did not infringe on Apple's patent technology for digital cameras, although a few days earlier Kodak lost its case before the ITC against Apple and RIM; Kodak announced it would appeal that decision.
Motorola Mobility v. Apple
In the year before Apple and Samsung began suing each other on most continents, and while Apple and HTC were already embroiled in a patent fight, Motorola Mobility and Apple started a period of intense patent litigation. The Motorola-Apple patent imbroglio commenced with claims and cross-claims between the companies for patent infringement and encompassed multiple forums in multiple countries as each party sought friendly venues for litigating its respective claims; the fight also included administrative law rulings as well as ITC and European Commission involvement. As of April 2012, the controversy centered on whether a FRAND license to a components manufacturer carries over to an equipment manufacturer incorporating the component into equipment, an issue not addressed in the U.S. Supreme Court's default exhaustion doctrine in Quanta v. LG Electronics. In June 2012, appellate Judge Richard Posner ordered dismissal of the case with prejudice and Apple announced its intention to appeal a month later.
Apple v. Samsung: Android phones and tablets
Apple Inc. v. Samsung Electronics Co., Ltd. was the first of many lawsuits between Apple and Samsung. In the spring of 2011, Apple sued Samsung while already fully engaged in a patent war with Motorola, thus expanding its litigation to simultaneously argue patent rights with another major technology company. Apple's multinational litigation over technology patents became known as the mobile device patent wars: extensive litigation in fierce competition in the global market for consumer mobile communications. By August 2011, Apple and Samsung were carrying out their legal battles in 19 ongoing lawsuits in 12 courts in nine countries on four continents; by October, the fight expanded to 10 countries, and by July 2012, the two companies were embroiled in more than 50 lawsuits around the globe with billions of dollars in damages claimed between them. The ultimate cost of these patent wars to consumers, shareholders, and investors is yet unknown, but was reported as not trivial, increasing both business costs and product pricing. A U.S. jury trial was held July 30, 2012, with Apple prevailing and Samsung ordered to pay more than US$1 billion in damages, after which Samsung stated "This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple's claims."
European EULA challenges
Norwegian Consumer Council
In June 2006, the Consumer Ombudsmen in Norway, Sweden and Denmark challenged Apple's iTunes end user license agreement (EULA) through the Norwegian Consumer Ombudsman Bjørn Erik Thon, who claimed that Apple was violating contract and copyright laws in their countries. Thon stated that Apple's "being an international company does not entitle [it] to disregard the laws of the countries in which it operates. The company's standard customer contract violates Norwegian law." An official complaint was filed by the Norwegian Consumer Council in January 2006, after which German and French consumer groups joined the Nordic-led drive to force Apple to make its iTunes online store compatible with digital music players made by rival companies. A French law allows regulators to force Apple to make its player and store compatible with rival offerings. The consumer protection regulators of Norway, Sweden, and Finland met with Apple in September 2006 in hopes of resolving the issues without litigation, but the matter was only resolved after Apple discontinued its FairPlay digital rights management (DRM) scheme.
Office of Fair Trading investigation
In 2008, the U.K. National Consumer Council (NCC, now Consumer Focus) called on the U.K.'s Office of Fair Trading (OFT) to investigate Apple's EULA, claiming Apple's EULA, and those of multiple other technology companies, misled consumers and infringed legal rights. The NCC's product complaint included Apple's iLife as well as Microsoft's Office for Mac, and products by Corel, Adobe, Symantec, Kaspersky, McAfee, and others. The OFT determined the licensing agreements were unfair and Apple agreed to improve its terms and conditions to make them clearer and fairer to consumers.
Apple Inc. v. Psystar Corporation
In July 2008, Apple Inc. filed suit against Psystar Corporation alleging Psystar sold Intel-based systems with Mac OS X pre-installed and that, in so doing, violated Apple's copyright and trademark rights and the software licensing terms of Apple's shrink wrap license. That license required licensees to install Mac OS X only on Apple-brand computer hardware. The case brought facets of the DMCA into a licensing dispute, with Apple ultimately prevailing and awarded permanent injunctive relief, with the decision affirmed on appeal in 2011. Psystar tried arguing in its appeal that Apple's license agreement was an unlawful attempt to extend copyright protection to products that are not copyrightable, but the court ruled that Psystar failed to demonstrate "copyright misuse" by Apple.
Corporate espionage and data theft
QuickTime code theft litigation
In 1995, Apple added Microsoft and Intel to an existing lawsuit against the San Francisco Canyon Company, alleging that Microsoft and Intel knowingly used the software company to aid them in stealing several thousand lines of Apple's QuickTime code in an effort to improve the performance of Video for Windows. After a threat to withdraw support for the Macintosh edition of Microsoft Office the suit was settled in 1997, along with all lingering issues from the Apple Computer, Inc. v. Microsoft Corporation "look & feel" suit. Apple agreed to make Internet Explorer the default browser over Netscape, while Microsoft agreed to continue developing Office and other software for the Mac for the next five years and to purchase $150 million of non-voting Apple stock.
- Remembering Steve Jobs, General Patent Corporation, generalpatent.com, 2012-2. Accessed 2012-4-13.
- Moses, Lee, and Asher, Julian, Apple's future won't be brought to you by the letter 'i', The Sydney Morning Herald (SMH), smh.com.au, 2010-3-12. Accessed 2012-4-13.
- Apple Trademarks – Piracy Policy, Apple, Inc., apple.com. Accessed 2012-4-12.
- Apple trademark list, and NeXT trademark list, Apple, Inc., apple.com. Filemaker trademark list, FileMaker, Inc., filemaker.com. Accessed 2012-4-12.
- Apple Legal – Patents, Apple, Inc., apple.com. Accessed 2012-4-12.
- Helft, Miguel, and Carter, Shan, Apple Patents Show Steve Jobs's Attention to Design, The New York Times, nytimes.com, 2011-8-25. Accessed 2012-4-13.
- U.S. Patent and Trademark Office (USPTO), U.S. Trademark Trial and Appeal Board search for 'Apple Inc.'. Accessed 2012-7-26. (This search is not instant and takes a minute to return results.)
- MacLean, Pamela, and Gullo, Karen, Apple's Jobs Must Answer Questions in ITunes Antitrust Suit, Bloomberg News, bloomberg.com, 2011-3-22. Accessed 2012-4-13. Apple customer Thomas Slattery filed the suit seeking class-action status on behalf of consumers, claiming Apple illegally limited consumer choice by limiting iPod content selection to the company's own iTunes music store.
- In re Apple iPod iTunes Antitrust Litigation, case C-05-00037-JW, 2008 U.S. Dist. LEXIS 107127, N.D. Cal., 2008-12-22. Accessed 2012-7-26.
- Sharpe, N.F., and Arewa, O.B., Is Apple Playing Fair? Navigating the iPod FairPlay DRM Controversy, NW Jour. of Tech. & Intell. Prop., 5:2, 2007, p. 332. Accessed 2012-7-22.
- Cheng, Jacqui, iPod owners being notified of class-action antitrust suit against Apple, The lawsuit has been winding its way through the legal system since 2004, Ars Technica, arstechnica.com, 2012-5-9. Accessed 2012-7-23. The case was granted class action status in 2012 and a website was set up for class members: ipodlawsuit.com (this link works only with referrers turned on in the browser).
- Cline, David, Consumer Choice: Is There An App For That?, J. on Telecomm. & High Tech. Law, vol. 10, 2012, pp. 159–161. Accessed 2012-4-2.
- In re Apple & AT & T M Antitrust Litigation, 596 F.Supp.2d 1288, U.S. Dist.Ct., N.D. Cal. 2008. Accessed 2012-7-23. The plaintiffs filing were Herbert H. Kliegerman, Paul Holman, Lucy Rivello, Timothy P. Smith, Michael G. Lee, Dennis V. Macasaddu, Mark G. Morikawa, Vincent Scotti, and Scott Sesso.
- McMurrer, M., Exclusive Gadget: Apple & AT&T Antitrust Litigation and the iPhone Aftermarkets, Iowa Jour. of Corp. Law, 36:2, 2011. Accessed 2012-7-23.
- In re Apple & AT & T M Antitrust Litig., No. C 07-05152 JW, 2010 WL 3521965, N.D. Cal., 2010-7-8, pp. 5–8. Accessed 2012-7-25.
- McMurrer, p. 14.
- Apple, Inc., Apple to Standardize iTunes Music Prices Throughout Europe, apple.com, 2008-1-9. Accessed 2012-4-2.
- Not the Apple of the EU's Eye: Brussels Accuses iTunes of Violating Competition Rules, Spiegel Online International, 2007-4-3. Accessed 2012-7-22.
- Oates, John, Apple cuts UK iTunes prices, Heads off EC investigation, The Register, 2008-1-9. Accessed 2012-4-1.
- European Commission, Antitrust: European Commission welcomes Apple's announcement to equalise prices for music downloads from iTunes in Europe, europa.eu, 2008-1-9. Accessed 2012-4-1.
- Sherman Antitrust Act, 15 U.S.C. § 1
- Complaint, U.S. v. Apple, Inc., Hachette Book Group, Inc., Harpercollins Publishers LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC d/b/a Macmillan, The Penguin Group, a Division of Pearson PLC, Penguin Group (USA), Inc., and Simon & Schuster, Inc., case 1:12-cv-02826-UA and 11-md-02293, U.S. Dist. Ct., S.D.N.Y., filed 2012-4-11. Accessed 2012-4-12.
- NPR, Justice Dept. Accuses Apple And Others Of Fixing E-Book Prices, The Two–Way, npr.org, 2012-4-12. Accessed 2012-4-12.
- U.S. v. Apple, et al, Complaint, p.4.
- US sues Apple and publishers over e-book prices, BBC News, bbc.co.uk, 2012-4-11. Accessed 2012-4-12.
- Q&A: Apple and e-book prices, BBC News, bbc.co.uk, 2012-4-11. Accessed 2012-4-12.
- Forden, Sara, and Bliss, Jeff, U.S. Sues Apple For eBook Pricing as Three Firms Settle, Bloomberg News, bloomberg.com, 2012-4-11. Accessed 2012-4-13.
- Parnell, Brid-Aine, Publishers fork out $52m in Apple ebook pricing settlement, The Register, theregister.co.uk, 2012-4-12. Accessed 2012-4-18.
- Van Voris, Bob, Steve Jobs Interviews Sought by Plaintiffs in E-Book Suit, BloombergBusinessweek, businessweek.com, 2012-7-20. Accessed 2012-7-26.
- Wershba v. Apple Computer, Inc., 110 Cal. Rptr. 2d 145, Cal. Ct. App., 6th App. Dist 2001. Accessed 2012-4-2.
- Apple, Inc., Support for Legacy Products FAQ (Frequently Asked Questions), apple.com, 2012-4-1. Accessed 2012-4-2. The deadline to submit claims on the unlimited live-telephone support matter was September 8, 1999.
- Class Action Reporter, bankrupt.com (Beard Group), Vol. 6, No. 161, 2004-8-16. Accessed 2012-4-1.
- Apple Computer Inc., SEC Form 10-Q, 2005-2-1. Accessed 2012-4-2.
- California case: In re iPod Cases, Judicial Council Coordination Proceeding No. 4355, San Mateo Co. Sup. Ct.; and New York action: Mosley v. Apple Computer, Inc., case 7-04-cv-5773, U.S. Dist. Ct., S.D.N.Y. (the "Mosley Action"). The information site Apple created for the California class action posted the Notice of Pendency and Proposed Settlement of Class Action.
- Class Action Reporter, bankrupt.com (Beard Group), 8:31, 2006-2-13. Accessed 2012-4-2.
- Apple Computer, Inc., SEC Form 10-Q, 2006-2-3. Accessed 2012-4-2.
- Apple, Inc., SEC Form 10-Q, 2008-5-1. Accessed 2012-4-2. The Canadian suits were termed Lenzi v. Apple Canada, Inc.; Wolfe v. Apple Computer, Inc. and Apple Canada, Inc.; Hirst v. Apple Canada, Inc.; Hamilton v. Apple Computer, Inc. and Apple Canada, Inc..
- Mukherjee and Ahmed, Apple sued over apps privacy issues; Google may be next, Reuters, 2010-12-28. Accessed 2012-7-23.
- In Re iPhone Application Litigation, case 10-CV-05878-LHK, U.S. Dist.Ct., N.D. Cal. 2011. Accessed 2012-1-28. Other consolidated actions related to the matter were identified by the court as: Chiu v. Apple, Inc., 11-cv-00407-LHK, filed 2011-1-27; Rodimer v. Apple, Inc., et al., 11-cv-00700-LHK, filed 2011-2-15; Gupta v. Apple, Inc., 11-cv-02110-LHK, filed 2011-4-28; Velez-Colon v. Apple, Inc., 11-cv-02270-LHK, filed 2011-5-9; Normand v. Apple, Inc., 11-cv-02317-LHK, filed 2011-5-10; and one case not yet consolidated, Jenkins v. Apple, Inc., 11-cv-01828-LHK, removed 2011-4-14. Other related actions with substantially similar allegations against Apple and other Defendants were filed in the District of Puerto Rico and the Northern District of Alabama.
- Order Granting Defendants' Motions To Dismiss For Lack Of Article III Standing With Leave To Amend, In Re iPhone Application Litigation, case 11-MD-02250-LHK, 2011-9-20. The Consolidated Complaint contains eight claims: (1) Negligence against Apple only; (2) Violation of Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030; (3) Computer Crime Law, Cal. Penal Code § 502; (4) Trespass on Chattel; (5) Consumer Legal Remedies Act ("CLRA"), Cal. Civ. Code § 1750 against Apple only; (6) Unfair Competition under Cal. Bus. & Prof. Code § 17200; (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Unjust Enrichment.
- Robertson, Jordan, Apple Slammed Over iPhone, iPad Location Tracking, The Washington Times, washingtontimes.com, 2012-7-22.
- AP, Apple Defends IPhone 'Hot Spot'-Logging, MSNBC, msnbc.msn.com, 2011-5-10.
- Brand, Zach, Sifting Through An iPhone's Geo Data, Row By Row, National Public Radio, All Tech Considered, npr.org, 2011-4-23.
- Wolverton, Troy, Investigators use iPhones to track owners' movements, San Jose Mercury News, 2011-4-21.
- Tessler, Joelle, AP, Sen. Al Franken calls for Apple, Google app privacy policies, San Jose Mercury News, 2011-5-25.
- Romanosky, Sasha, Hoffman, David, and Acquisti, Alessandro, Empirical Analysis of Data Breach Litigation, Heinz Col. of Pub. Pol. and Info. Systems, Carnegie Mellon Univ., Beasley School of Law, Temple Univ., 2012-2-19. Accessed 2012-7-23.
- A case illustrating the 'no damages' problem is the Ceridian case: the Court of Appeals for the Third Circuit affirmed a trial court decision that employees of Ceridian Corporation's customers did not have standing to sue Ceridian after the payroll processing firm suffered a data breach. See Reilly vs Ceridian, Ct.App. 3d Cir., No. 11-1738, 2011-12-12, (on appeal from case 2-10-cv-05142, U.S. Dist. Ct., Dist. N.J. 2010). See also Cherny v. Emigrant Bank, 604 F.Supp. 2d 605, U.S. Dist. Ct., S.D.N.Y. 2009. Accessed 2012-4-17.
- Judge Koh, Lucy, Case Mgmt Conference Further, 5:11-md-02250-LHK, In Re: iPhone/iPad Application Consumer Privacy Litigation, calendared for 2012-8-8. Accessed 2012-7-25.
- Johnson v. Apple Inc., case 1-09-CV-146501, Cal. Sup. Ct., Santa Clara, 2009.
- Owens v. Apple, Inc., 09-cv-0479-MJR, U.S. Dist. Ct., S.D.Ill., 2009.
- Important Dates, Johnson iTunes Settlement. Accessed 2012-4-2.
- Class Notice, Johnson v. Apple Inc. Class Action Settlement website, johnsonitunessettlement.com. Accessed 2012-4-2.
- Oates, John, Apple resellers are revolting, The Register, 2004-6-16. Accessed 2007-5-2.
- Complaints in the reseller actions of 2003-2005. Accessed 2012-4-2.
- In Re Macadam Computer, Inc., U.S. Dist.Ct., N.D. Cal. 2007. Accessed 2012-4-2.
- Apple Computer, Inc., Apple 10K, 2006, p. 41.
- Poundstone, William, Carl Sagan: A Life in the Cosmos, Henry Holt & Company, New York, 1999, pp. 363–364, 374–375. ISBN 0-8050-5766-8
- Poundstone, p. 363.
- Poundstone, p. 364
- Linzmayer, Owen, and Chaffin, Bryan, This Week in Apple History: November 14-20: McIntosh, IIe Killed, Butt-Head Astronomer, The Mac Observer, macobserver.com, 2004-11-15. Accessed 2012-7-23.
- Sagan v. Apple Computer, Inc., CV 94-2180 LGB (BRx), 874 F.Supp. 1072, U.S. Dist. Ct., C.D.Cal. 1994; 1994 U.S. Dist. LEXIS 20154.
- Poundstone, p. 374
- Poundstone, pp. 374–375.
- Salkever, Alex, John, Paul, George, Ringo...and Steve?, Businessweek, businessweek.com, 2004-9-30. Accessed 2012-7-23.
- Borland and Fried, Apple vs. Apple: Perfect harmony?, CNET News, news.cnet.com, 2004-9-23.
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- Apple Computer wins court battle with Beatles, Reuters, ZDNet, zdnet.com, 2006-5-8. Accessed 2012-7-22.
- Brandle, L. Apple Computer Triumphs In Beatles Case, Billboard, billboard.com, 2006-5-8.
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- Transcript of full judgement from The Times, timesonline.co.uk, 2006-5-8.
- Apple Inc. and The Beatles' Apple Corps Ltd. Enter into New Agreement, Apple Press Info, apple.com. Accessed 2012-7-23.
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- Battle For Domain Name Between Apple And Teen Resolved, The Mac Observer, macobserver.com, 1999-4-27. Accessed 2012-1-28.
- Full text of the Nominet-Cohen decision, including the full history of the use of the domain itunes.co.uk: Nominet Cohen-Apple decision.
- Nominet UK Dispute Resolution Service, Decision of Independent Expert, DRS No. 02223, p. 3, 2005-3-10. Accessed 2012-7-23.
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- Richardson, Tim, Cohen ends legal bid for itunes.co.uk, Financial News, The Register, 2005-11-25.
- Cisco Systems Inc. v. Apple Inc., 07-198, U.S. Dist.Ct., N.D. Cal. 2007.
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- Cisco and Apple Reach Agreement on iPhone Trademark, Cisco press release, 2007-2-21. Accessed 2012-4-2.
- Apple Inc., Final Trial Brief, Video Pod matter, Opposition No. 91176027. Accessed 2012-4-11.
- Trademark Trial and Appeal Board, 'TTAB Decision', Video Pod matter, Opposition No. 91176027, p. 47. Accessed 2012-7-25. The TTAB sustained Apple's opposition to the registration of the VIDEO POD mark under both Section 2(e)(1) and Section 2(d) of the Lanham Act.
- Larson, Erik, Apple sues New York over logo, Los Angeles Times, 2008-4-4. Accessed 2012-7-27.
- Trademark application and history, #77179942, NYC logo matter. Accessed 2012-7-27.
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- USPTO, TTAB dismissal of Apple opposition and counterclaim, NYC logo matter, 2008-7-28. Accessed 2012-7-27.
- USPTO, NYC Trademark Status, Trademark Trial and Appeal Board, 2010-2-23; and USPTO TDR Portlet for Serial No. 77179942. Accessed 2012-7-22.
- Apples and Oranges: VSBT vs. Apple Inc. Logo Dispute, Q College, 2011-1-14. Accessed 2012-7-27.
- No Apple for Vancouver Island School, Says Computer Corporation, CBC News, 2008-10-6. Accessed 2012-7-27.
- CTV, Will Apple's suit against B.C. school bear fruit?, Globe & Mail, 2008-10-6. Accessed 2012-7-22.
- Business school drops use of Apple's forbidden fruit, Times Colonist, 2011-4-1. Accessed 2012-7-27.
- Woolworths launches new look after 21 years, Woolworths Limited (via archive.org), 2008-8-22, Accessed 2012-7-27.
- Sharp, Ari, Woolies shelves Safeway brand, The Age, theage.com.au, 2008-8-21. Accessed 2012-7-27.
- Lee, Julian, Apple bites over Woolworths logo, The Age, theage.com.au, 2009-10-5. Accessed 2012-7-25.
- Trade Mark History: 1258288, ipaustralia.gov.au, 2011-4-6. Accessed 2013-1-15.
- Trade Mark History: 1258288, ipaustralia.gov.au, 2011-4-18. Accessed 2013-1-15.
- Trade Mark Details: 1258288, ipaustralia.gov.au, 2011-4-19. Accessed 2013-1-15.
- Woolworths App for iPhone, woolworths.com.au, 2011-8-11. Accessed 2012-7-22.
- Woolworths, woolworths.com.au, 2012-4-12. Accessed 2012-7-22.
- Woolworth's App in the Apple AppStore, itunes.apple.com. Accessed 2012-7-27.
- Oreskovic, Alexei, and Shih, Gerry, Google's Chrome browser to be available on Apple's iPad, iPhone, Reuters, reuters.com, 2012-6-29. Accessed 2012-7-25.
- Apple loses China iPad trademark case, ABC News, abc.net.au, 2011-12-8. Accessed 2012-4-11.
- Kurtenbach, Elaine Apple: Proview's iPad Trademark Demands Unfair, the Huffington Post, 2012-3-13. Accessed 2012-4-11.
- Bonnington, Christina, Chinese Firm Demands $1.6 Billion from Apple in iPad Trademark Dispute, Wired.com, 2012-2-7. Accessed 2012-4-11.
- Proview Electronics Co. Limited, et al v. Apple, Inc., et al, case 1-12-CV-219219, Ca. Superior Ct. (Santa Clara Co.), filed 2012-2-17. Case Docket. Accessed 2012-4-19.
- Tsukayama, Hayley, Proview files suit against Apple in U.S. court, The Washington Post, washingtonpost.com, 2012-2-24. Accessed 2012-4-19.
- Tsukayama, Hayley, Proview accuses Apple of fraud, unfair competition, The Washington Post, washingtonpost.com, 2012-2-28. Accessed 2012-4-19.
- Mandalia, Ravi, Proview Amends Lawsuit Against Apple, Seeks Global iPad Name Rights, ITProPortal, itproportal.com, 2012-2-28. Accessed 2012-4-19.
- Lee, Melanie, and Shen, Samuel, UPDATE 4-Apple pays $60 mln to settle China iPad trademark dispute, Reuters, reuters.com, 2012-7-2. Accessed 2012-7-25. See also "Guangdong Gaoyuan Chenggong Tiaojie Pingguo yu Weiguan IPAD Quanshu Jiufen An" (Guangdong Higher Court Succeeds in Mediating the Apple Proview Dispute over IPAD Trademarks), gdcourts.gov.cn, the Guangdong Court's official statement (via Google Translate); in Chinese. The Chinese trademark law (中华人民共和国商标法) is a fast developing field.
- Zhang, Laney, China: Court Announces Apple and Proview Settlement of iPad Trademark Dispute, Global Legal Monitor, Law Library of Congress, loc.gov, 2012-7-16. Accessed 2012-7-25.
- Apple Inc v. Amazon.com Inc., 11-1327, U.S. Dist. Ct., N.D.Ca., filed 2011-3-18. Accessed 2012-7-27.
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- Levine, Dan, Apple sues Amazon.com over APP STORE trademark, Reuters, reuters.com, 2011-3-22. Accessed 2012-7-22.
- Apple Inc v. Amazon.com Inc., Order Denying Motion For Preliminary Injunction, No. C 11-1327 PJH, 2011-7-6. Accessed 2012-7-27.
- Gold, Django, Apple Wants Amazon To Cough Up Docs In 'App Store' IP Row, Law360, law360.com, 2012-7-23. Accessed 2012-7-25.
- News Publishers and Internet Industry Urge Reversal in Apple Case, Kansas City infoZine, infozine.com, 2005-4-9. Accessed 2012-7-27.
- Marsal, Katie, Report details Apple's unusual veil of secrecy, Apple Insider, appleinsider.com, 2009-6-23. Accessed 2012-7-27.
- O'Grady v. Superior Court, 44 Cal. Rptr. 3d 72, 139 Cal.App. 4th 1423, modified by O'Grady v. Superior Court, 140 Cal.App. 4th 675b, 2006.
- Apple Computer, Inc., v. Nick Deplume, The Deplume Organization LLC, and Does 1-20, case 1-05-CV-033341, Cal. Superior Ct, (Santa Clara), 2005.
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- Think Secret goes on offensive, asks to have Apple lawsuit dismissed, Think Secret (via archive.org), 2005-3-4, 2008-1-25. Accessed 2012-7-27.
- Apple Computer v. Deplume, Defendant The Deplume Organization LLC's Memorandum of Points and Authorities in Support of Special Motion to Strike Complaint Pursuant to California Anti-Slapp Statute, CCP§ 425.16, Think Secret (via archive.org), 2005-4-12. Accessed 2012-7-27. Think Secret's archived web page has links to their filings.
- Apple, Think Secret settle lawsuit, Think Secret (via archive.org), 2007-12-20. Accessed 2012-7-23.
- Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240, 3d Cir., 1983.
- Compare object code with object file
- Computer Edge Pty. Ltd. v Apple Computer Inc., 65 ALR 33, 1986; F.S.R. 537, 1986, High Court of Australia.
- Apple Computer Inc. v Mackintosh Computers Ltd., 44 DLR (4th) 74 Federal Court of Appeal, 1987, Canada, (later affirmed, Supreme Court of Canada,  2 S.C.R. 209). Accessed 2012-7-22.
- International Business Machines Corporation v. Computer Imports Limited, 2 NZLR 395, 409, 1989.
- In Computer Edge the court looked to 1986 161 CLR 171 (test in Exxon for literary work is "not intended to establish a comprehensive or exhaustive definition of literary work for copyright purposes" per Mason and Wilson JJ (Aus.)).
- The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), the 1991 European Economic Council Directive on the Legal Protection of Computer Programs ("EC Directive"), the Copyright Act of Canada, the New Zealand Copyright Act 1994, and other national copyright law revisions.
- Corbett, Susan, What if Object Code Had Been Excluded from Protection as a Literary Work in Copyright Law?, a paper for presentation at the 4th Annual Intellectual Property Conference: Rewriting History: Counterfactuals and Alternative Stories in Intellectual Property and Cyberspace Law, Michigan State Univ. College of Law, 2007:3. Accessed 2012-7-27.
- The Digital Millennium Copyright Act (DMCA) criminalizes circumvention of Digital rights management (DRM) for copyrighted works and controls access to copyrighted software. Digital Millennium Copyright Act, Pub. L. 105-304 (1998); 17 U.S.C. § 1201(a)(1) (2006).
- Robbins v. Lower Merion School District, Initial LANrev System Findings, LMSD Redacted Forensic Analysis, L-3 Services for LMSD's counsel, May 2010, p. 15. Accessed 2012-7-23. The school used its technology to track licensed copyrighted software, among other things.
- Lloyd, Ian J., Information Technology Law, 5th ed., Chapters 10, 17, and 18, 2008. ISBN 978-0-19-929977-5.
- Zingales, Nicolo, DRM Misuse: An Emerging Doctrine In Search For Principles, International Journal of Communications Law and Policy, 2011:14. Accessed 2012-7-23. See also Microsoft Corp. v. Rechanik, 249 F. App'x 476 (7th Cir. 2007). Accessed 2012-7-27. (Distributor of counterfeit software violated copyright laws.); and US v. Kononchuk, 485 F.3d 199 (3d Cir. 2007). Accessed 2012-7-27. (Software counterfeiters face criminal liability.)
- Kawamoto, Dawn; Heskett, Ben; Ricciuti, Mike. MS to invest $150 million in Apple, CNET News, news.cnet.com, 1997-8-6. Accessed 2012-7-22.
- Apple-Microsoft Preferred Stock Purchase Agreement, FindLaw (via archive.org), corporate.findlaw.com, 1997-8-5. Accessed 2012-7-22.
- Xerox Corp. v. Apple Computer, Inc., 734 F. Supp. 1542 (N.D. Cal. 1990). Accessed 2012-12-21.
- Fisher, Lawrence. Xerox Sues Apple Computer Over Macintosh Copyright, The New York Times, nytimes.com, 1989-12-15. Accessed 2012-12-21.
- Pollack, Andrew, Most of Xerox's Suit Against Apple Barred, The New York Times, nytimes.com, 1990-3-24. Accessed 2012-12-21.
- OdioWOrks v. Apple, case C-09-1818, U.S. Dist.Ct., N.D. Cal. 2009.
- Von Lohmann, Fred, Unintended Consequences: Twelve Years under the DMCA, Electronic Frontier Foundation, eff.org, 2010-2. Accessed 2012-7-27.
- McNamara, Paul, Apple takes legal heel off throat of wiki operator, Network World, networkworld.com, 2009-7-22. Accessed 2012-7-27.
- Apple Confuses Speech with a DMCA Violation, EFF, eff.org, 2008-11-25. Accessed 2012-7-27.
- Wiki Operator Sues Apple Over Bogus Legal Threats, EFF, eff.org, 2009-4-27. Accessed 2012-7-27.
- Re: OdioWOrks v. Apple, case C-09-1818, U.S. Dist.Ct., N.D. Cal., 2008-9-8, via eff.org. Accessed 2012-7-27.
- Clayburn, Thomas, Apple Drops Complaint Against BluWiki, Information Week, informationweek.com, 2009-7-22. Accessed 2012-7-22.
- Apple Withdraws Threats Against Wiki Site, EFF, eff.org, 2009-7-22. Accessed 2012-7-27.
- Reimer, Jeremy, A History of the GUI, Ars Technica, arstechnica.com, 2005-5-5. Accessed 2012-7-23.
- Apple Computer Inc. v. eMachines Inc., case 99-CV-20839, U.S. Dist.Ct., N.D. Cal., filed 1999-8-19, (settled).
- Kanellos, Michael, Apple sues eMachines for iMac look-alike, CNET News, news.cnet.com, 1999-8-19. Accessed 2012-7-22.
- eMachines' Registration Statement Amendment 1 to Form S-3 (.DOC) filed with the Securities and Exchange Commission, 2001-5-1. Accessed 2012-7-22.
- Miles, Stephanie, Apple settles suits over iMac knockoffs, CNET News, news.cnet.com, 2000-3-8. Accessed 2012-7-22.
- Before the suit was settled, an analysis of the claims appeared in the National Law Journal: Coolley, Brady, and Campagna, Cases suggest iMacs' trade dress merits protection, Jones Day, (via archive.org), 2000-1-31. Accessed 2012-7-22.
- Creative Technology LTD Original patent #US006928433: Automatic hierarchical categorization of music by metadata, USPTO, uspto.gov, filed 2001-1-5. Accessed 2012-7-27.
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- Certain Portable Digital Media Players, 71 Fed. Reg. 34,390, 2006-6-8 (notice); Apple filed an ITC countersuit for Creative's alleged infringement of U.S. Patent Nos. 7,046,230, 5,341,293, 5,898,434, and 6,282,646: Notice of Investigation, Inv.No. 337-TA-543, U.S. Int'l Trade Comm'n, 2005-6-21. See also: In the Matter of Certain Portable Digital Media Players, Notice of Investigation, Inv. No. 337-TA-573, U.S. Int'l Trade Comm'n, 2006-6-8.
- Kawamoto, Dawn, ITC to investigate Apple, says Creative, CNET News, news.cnet.com, 2006-6-14. Accessed 2012-7-22.
- Burton, John, Apple counter-sues Creative, Gadgets – MSNBC.com story from The Financial Times Ltd., 2006-5-19. Accessed 2012-7-27.
- Apple sues iPod rival over patents, The New York Times (International Herald Tribune), nytimes.com, 2006-5-18. Accessed 2012-7-27.
- Creative Files Suit Against Apple For Patent Infringement, iPod Hacks (via archive.org), 2006-05-16. Accessed 2012-7-27.
- Klemens, Ben, The Rise of the Information Processing Patent, 14 Boston Univ. Jour. Science & Tech. Law 1, 2008. Accessed 2012-7-27.
- Krazit, Tom Apple settles with Creative for $100 million, CNET News, news.cnet.com, 2006-9-23. Accessed 2012-7-27.
- Apple, Inc., Apple & Creative Announce Broad Settlement Ending Legal Disputes Between the Companies, apple.com, 2006-8-23. Accessed 2012-7-22.
- Typhoon Touch Techs., Inc. v. Dell, Inc., case 6:07-cv-546, U.S. Dist.Ct., E.D.Tex. (Tyler Division), filed 2008-10-23. Plaintiff's complaint identified the patents as U.S. Patent No. 5,379,057: "Portable Computer with Touch Screen and Computer System Employing Same," and U.S. Patent No. 5,675,362: "Portable Computer with Touch Screen and Computing System Employing Same".
- Shrestha, Sannu, Trolls Or Market-Makers? An Empirical Analysis Of Nonpracticing Entities, Columbia Law Review, columbialawreview.org, Vol. 110, p. 114, 2010, Appendix B.1., 2009-11-22. Accessed 2012-7-27.
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- Plaintiff's Third Amended Complaint for Patent Infringement at pp. 5–6, Typhoon Touch Techs., Inc. v. Dell, Inc., case 6:07-cv-00546-LED, E.D.Tex., 2009-3-6. (Asserted, inter alia, that the iPhone infringes U.S. Patent Nos. 5,379,057 and 5,675,362.); and see Seaman, Christopher B., Reconsidering the Georgia-Pacific Standard for Reasonable Royalty Patent Damages, BYU Law Review, No. 5, p. 1661, 2010; Chicago-Kent Intellectual Property, Science & Technology Research Paper No. 10-030, 2011-2-1, via papers.ssrn.com. Accessed 2012-7-27.
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- Thompson Financial News, Apple, Nokia, others added to Typhoon Touch lawsuit launched vs Dell, Thomson Financial via moneyam.com, 2008-6-24. Accessed 2012-7-22.
- Marks, Joseph, Apple Strikes Deal In Typhoon Touch-Screen IP Spat, Law360, law360.com, New York, 2011-9-15. Accessed 2012-7-27.
- SEC temporary suspension of Typhoon Touch Trading, SEC, sec.gov, 2008-7-18. Accessed 2012-7-27.
- Securities registration termination [Section 12(g)] Acc-no: 0001221508-08-000051 (34 Act), 15-12G filing of firm 000-52130 081032074, SEC records of Typhoon Touch Technologies, SEC, sec.gov, 2008-8-21. Accessed 2012-7-27.
- Nokia suing Apple over the iPhone, BBC News, news.bbc.co.uk, 2009-10-22; article now at Apple and Nokia's battle hots up, BBC News, news.bbc.co.uk, 2009-12-11. Accessed 2012-3-26.
- Nokia and Apple settle patent dispute, BBC News, news.bbc.co.uk, 2009-12-11. Accessed 2012-3-26.
- ben-Aaron, Diana and Pohjanpalo, Kati, Nokia Wins Apple Patent-License Deal Cash, Settles Lawsuits, Bloomberg News, bloomberg.com, 2011-6-14. Accessed 2012-7-27.
- Apple v. HTC, C.A. Nos. 10-166-GMS, 10-167-GMS, U.S. Dist. Ct., D. Del., 2011-1-14. Accessed 2012-7-27.
- Cheng, Roger, HTC sues Apple, again, CNET News, news.cnet.com, 2011-8-16. Accessed 2012-7-27.
- Apple's ITC complaint against HTC, 75 Fed. Reg. 17434, 2010-4-6.
- Patel, Nilay, Apple vs HTC: a patent breakdown, Engaget, engadget.com, 2010-3-2. Accessed 2012-7-27.
- Bilton, Nick, What Apple vs. HTC Could Mean, Bits, The New York Times, bits.blogs.nytimes.com, 2010-3-2. Accessed 2012-7-27.
- Foresman, Chris, Apple vs HTC: proxy fight over Android could last years, Ars Technica, arstechnica.com, 2010-3-4. Accessed 2012-7-22.
- ITC, In The Matter of Certain Personal Data and Mobile Communications Devices and Related Software, Notice of the Commission's Final Determination Finding a Violation Of Section 337, Issuance of a Limited Exclusion Order, Termination of Investigation No. 337-Ta-710, usitc.gov, 2011-12-19. Accessed 2012-7-27. See also Apple's patent No. 5,946,647 at google.com. Accessed 2012-7-27.
- McCullagh, Declan, Apple wins patent victory over HTC, which faces looming import ban, CNET News, news.cnet.com, 2011-12-19. Accessed 2012-7-22.
- Nokia Corporation v. Apple Inc., case 09-791 and Nokia Corporation v. Apple Inc., case 09-1002, both U.S. Dist.Ct., ND Cal. 2011.
- Milford, Phil and Decker, Susan, HTC Sues Apple Using Google Patents Bought Last Week as Battle Escalates, Bloomberg News, bloomberg.com, 2011-9-7. Accessed 2012-7-27.
- Cheng, Roger, HTC sues Apple using Google patents, report says, CNET News, news.cnet.com, 2011-9-7. Accessed 2012-7-27.
- Levine, Dan, Apple, Samsung CEOs set for court talks, Reuters, reuters.com, 2012-5-20. Accessed 2012-7-25.
- Mullin, Joe, Apple and HTC reach a sudden patent peace, but at what cost?, ArsTechnica, arstechnica.com, 2012-11-11. Accessed 2012-12-21.
- Eastman Kodak Company v. Apple Inc., case 6:2010cv06022, U.S. Dist.Ct., WD NY (Rochester), filed 2010-1-14.
- Lloyd, Mary Ellen, Kodak Sues Apple, RIM Over Patents, The Wall Street Journal, online.wsj.com, 2010-1-14. Accessed 2010-7-27.
- Decker, Susan, Apple, RIM Accused of Infringing Kodak Patents (Update4), Bloomberg News, bloomberg.com, 2010-1-14. Accessed 2012-7-27.
- Mandalia, Ravi, Apple Counters Kodak's Patent Ownership Claims, ITProPortal, itproportal.com, 2012-1-24. Accessed 2012-7-27.
- Mandalia, Ravi, Kodak Files Patent Infringement Lawsuits Against Apple, HTC, ITProPortal, itproportal.com, 2012-1-12. Accessed 2012-7-27.
- patentadmin, Apple Denied Permission to File Patent Infringement Suit Against Bankrupt Kodak, General Patent Corporation, generalpatent.com, 2012-3-9. Accessed 2012-7-27.
- Appeals court says Kodak does not infringe Apple patent, Reuters, reuters.com, 2012-7-23. Accessed 2012-7-25.
- The cases include: Motorola Mobility, Inc. v. Apple Inc., In the Matter of Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof, ITC Inv. No. 337-TA-745, 2010-10-6; Motorola Mobility, Inc. v. Apple Inc. and NeXT Software, Inc., U.S. Dist. Ct., Dist. Del., 2010-10-8; Apple Inc. v. Motorola, Inc. and Motorola Mobility, Inc., U.S. Dist. Ct., W.Dist. Wisc., 2010-10-29; In the Matter of Certain Mobile Devices and Related Software, ITC Inv. No. 337-TA-750, 2010-10-29; Apple v. Motorola, 337-TA-750, 2012-3-16; Apple, Inc. and Apple Sales International v. Motorola Mobility, Inc., case 12CV0355 JLS BLM, U.S. Dist. Ct., S.D. Cal., 2012-2-10.
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- Mueller, Florian, Apple and Google subsidiary Motorola Mobility both appeal Judge Posner's ruling, FOSS Patents, fosspatents.com, 2012-7-21. Accessed 2012-7-25.
- Levine, Dan Judge who shelved Apple trial says patent system out of sync, Reuters, reuters.com, 2012-7-5. Accessed 2012-7-25.
- Apple Inc. v. Samsung Electronics Co., Ltd., case 11-CV-01846-LHK, 768 F. Supp. 2d 1040, U.S. Dist. Ct., N.D.Cal. 2011-4. Accessed 2012-7-27.
- Barrett, Paul M., Apple's War on Android, BloombergBusinessweek, businessweek.com, 2012-3-29. Accessed 2012-7-25.
- Albanesius, Chloe, Every Place Samsung and Apple Are Suing Each Other, PC Magazine, pcmag.com, 2011-9-14. Accessed 2012-7-27.
- Australian court to fast-track Samsung appeal on tablet ban, Reuters, reuters.com, 2011-10-27. Accessed 2012-7-27.
- Mueller, Florian, Apple seeks $2.5 billion in damages from Samsung, offers half a cent per standard-essential patent, FOSS Patents, fosspatents.com, 2012-7-24. Accessed 2012-7-28.
- Hintjens, Pieter, Patents Considered Evil: The Rational for Patents, IPocracy, ipocracy.org, 2011-9. Accessed 2012-7-27.
- Mohan, Ravi, Analysis Of The Entire Market Value Rule In Complex Technology Litigation: Arduous Royalty Base Determinations, Unjust Damage Rewards, And Empirical Approaches To Measuring Consumer Demand, Santa Clara Computer & High Technology Law Journal, chtlj.org, vol. 27, 2011-4, pp. 637–671 at 639. Accessed 2012-7-27. See also
- Mack, Eric, Mobile Patent Wars: A Closer Look at How Everyone Loses, PCWorld, pcworld.com, 2011-11-6. Accessed 2012-8-3.
- Masnick, Mike, Just Because Companies Can Design Around Patents Doesn't Mean There's No Impact For Consumers, Techdirt, techdirt.com, 2012-3-20. Accessed 2012-7-27; and
- Allison, John, Lemley, Mark, Moore, Kimberly, and Trunkey, R. Derek, Valuable Patents, Geo. Law Journal, v. 92, pp. 435, 441, 2004, in which the authors noted "Total direct litigation costs for the median patent case with between $1 million and $25 million at stake were $2 million per side in 2003."
- Apple Inc. v. Samsung Electronics Co., Ltd., case 11-CV-01846-LHK, 768 F. Supp. 2d 1040, U.S. Dist. Ct., N.D.Cal. 2011-4. Accessed 2012-7-25.
- Apple vs. Samsung Verdict Is In After Epic Patent Trial (UPDATES), The Huffington Post, huffingtonpost.com, 2012-8-24. Accessed 2012-12-21.
- Samsung: Apple Victory 'Not Final Word', Reuters via The Huffington Post, huffingtonpost.com, 2012-8-24. Accessed 2012-12-21.
- iTunes violates Norwegian law, Forbrukerombudet Norway, forbrukerombudet.no, 2006-6-7. Accessed 2012-7-22.
- Norweigan EULA complaint, Norwegian Consumer Council web service forbrukerportalen.no (via archive.org), 2006. Accessed 2012-7-22.
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- Keizer, Gregg Apple Sues Mac Clone Maker Psystar, Computerworld, computerworld.com, 2008-7-15. Accessed 2008-7-16.
- Apple Inc. v. Psystar Corporation, case 10-15113, U.S. Ct.App., 9th Cir. 2011. Accessed 2012-7-27.
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