throbber
Prepared by MERRILL CORPORATION
`
`Page 1 of 76
`
`lO-K405 l a2066l7lle-k405htm lO-K405
`
`SguickLinls:
`
`-- Click here to rapidly navigate through this document
`
`UNITED STATES
`
`SECURITIES AND EXCHANGE COMMISSION
`Washington, D.C. 20549
`
`(Mark One)
`
`Form 10-K
`
`/X/
`
`ANNUAL REPORT PURSUANT TO SECTION 13 OR 15() OF THE SECURITIES
`EXCHANGE ACT OF 1934
`
`For the fiscal year ended September 29, 2001
`
`OR
`
`/ /
`
`TRANSITION REPORT PURSUANT TO SECTION 13 OR 15() OF THE
`SECURITIES EXCHANGE ACT OF 1934
`
`For the transition period from
`
`to
`
`Commission file number 0-10030
`
`APPLE COMPUTER, INC.
`(Exact name of Registrant as specified in its charter)
`
`CALIFORNIA
`
`942404110
`
`(State or other jurisdiction
`of incorporation or organization)
`
`(IRS. Employer Identification No.)
`
`1 Infinite Loop
`Cupertino, California
`(Address of principal executive offices)
`
`95014
`(Zip Code)
`
`Registrant's telephone number, including area code: (408) 996-1010
`
`Securities registered pursuant to Section 12(b) of the Act: None
`
`Securities registered pursuant to Section 12(g) of the Act:
`Common Stock, no par value
`Common Share Purchase Rights
`(Titles of classes)
`
`12/29/2013
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066l7lz10-k4...
`SIGHTSOUND TECHNOLOGIES
`EXHIBIT 2132
`
`CBM2013-00020 (APPLE v. SIGHTSOUND)
`PAGE 000001
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 2 of 76
`
`
`
`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 /x/ No / /
`
`Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and
`will not be contained, to the best of the Registrant's knowledge, in defrmtive proxy or information statements incorporated by
`reference to Part III of this Form 10-K or any amendment to this Form 10-K.
`/x/
`
`The aggregate market value of voting stock held by nonaffrliates of the Registrant was approximately $7,924,159,876 as of
`December 7, 2001, based upon the closing price on the NASDAQ National Market reported for such date. Shares of
`Common Stock held by each executive officer and director and by each person who beneficially owns more than 5% of the
`outstanding Common Stock have been excluded in that such persons may under certain circumstances be deemed to be
`affiliates. This determination of executive officer or affiliate status is not necessarily a conclusive determination for other
`purposes.
`
`351,722,532 shares of Common Stock Issued and Outstanding as of December 7, 2001
`
`
`
`PART I
`
`The Business section and other parts ofthis Annual Report on Form 1 0-K (”Form 10K”) contain forward-looking statements
`that involve risks and uncertainties. The Company’s actual results may difler significantlyfrom the results discussed in the
`forward-looking statements. Factors that might cause such differences include, but are not limited to, those discussed in the
`subsection entitled ”Factors That May Aflect Future Results and Financial Condition ” under Part II, Item 7 ofthis Form 1 0-
`K.
`
`The Company's fiscal year ends on the last Saturday of September. Unless otherwise stated, all information presented in this
`Form 10-K is based on the Company's fiscal calendar.
`
`Item 1. Business
`
`Company Background
`Apple Computer, Inc. ("Apple" or the "Company") was incorporated under the laws of the state of California on January 3,
`1977. The Company designs, manufactures and markets personal computers and related personal computing and
`communicating solutions for sale primarily to education, creative, consumer, and business customers. Substantially all of the
`Company's net sales over the last five years have been derived from the sale of its Apple® Macintosh® line of personal
`computers and related software and peripherals.
`
`Business Strategy
`Apple is committed to bringing the best possible personal computing experience to students, educators, creative
`professionals, businesses and consumers around the world through its innovative hardware, software, and Internet offerings.
`The Company believes that personal computing is entering a new era in which the personal computer will function for both
`professionals and consumers as the digital hub for advanced new digital devices such as digital music players, personal
`digital assistants, digital still and movie cameras, CD and DVD players, and other electronic devices. The attributes of the
`personal computer, including its ability to run complex applications, possess a high quality user interface, contain large and
`relatively inexpensive storage, and easily connect to the Internet in multiple ways and at varying speeds, can individually add
`value to these devices and interconnect them as well. Apple is the only company in the PC industry that designs and
`manufactures the entire personal computer — from the hardware and operating system to sophisticated applications, and ties it
`all together with Apple's innovative industrial design, intuitive ease-of—use, and built-in networking, graphics, and multimedia
`capabilities — uniquely positioning the Company to offer digital hub products and solutions.
`
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066l7lz10-k4...
`
`12/29/2013
`PAGE 000002
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 3 of 76
`
`Business Organization
`The Company manages its business primarily on a geographic basis. The Company's geographic operating segments include
`the Americas, Europe, Japan, and Asia Pacific. The Americas segment includes both North and South America, except for
`the Company's Retail segment which operates Apple-owned retail stores in the United States. The Europe segment includes
`European countries as well as the Middle East and Africa. The Japan segment includes only Japan, while the Asia Pacific
`segment includes Australia and Asia except for Japan. Each geographic operating segment provides similar hardware and
`software products and similar services. Non-geographic operating segments include the Company's subsidiary,
`FileMaker, Inc. and the Company's Retail segment. Further information regarding the Company's operating segments may be
`found in Part II, Item 7 of this Form 10-K under the heading "Segment Operating Performance," and in Part II, Item 8 on this
`Form 10-K in the Notes to Consolidated Financial Statements at Note 11, "Segment Information and Geographic Data,"
`which information is hereby incorporated by reference.
`
`
`
`Principal Hardware Products
`The Company offers a range of personal computing products including desktop and notebook personal computers, related
`devices and peripherals, networking and connectivity products, and various third-party hardware products. All of the
`Company's Macintosh products utilize PowerPC® RISC-based microprocessors. Further information regarding the
`Company's products may be found in Part II, Item 7 of this Form 10-K under the heading "Factors That May Affect Future
`Results and Financial Condition," which information is hereby incorporated by reference.
`
`Power MacTM
`
`The Power Mac line of desktop personal computers is targeted at business and professional users and is designed to meet the
`speed, expansion and networking needs of the most demanding Macintosh user. With the addition of Apple server and
`networking software, Power Mac systems can be used as workgroup servers. Apple's SuperDriveTM, a combination CD-
`RW/DVD-R drive that can burn DVDs which can be played in consumer DVD players, is standard equipment on high-end
`Power Mac models. In July 2001, the Company announced it had suspended indefinitely production and sale of the G4 Cube,
`a Power Mac system introduced in 2000 that was designed for users seeking more power coupled with a small size.
`
`P0werBook®
`
`The PowerBook family of portable computers is specifically designed to meet the mobile computing needs of professionals
`and advanced consumer users. The Company's current PowerBook line, the Titanium PowerBook G4, was introduced in
`January 2001. The Titanium PowerBook is a full-featured notebook computer that incorporates PowerPC G4 processors, TFT
`wide-screen active-matrix displays, and advanced networking and graphics capabilities. The Titanium PowerBook G4 is one
`inch thick, weighs 5.3 pounds and is encased in a pure-grade titamum body.
`
`iMac®
`
`The iMac line of desktop computers is targeted at education and consumer markets. Current iMac computers feature
`innovative industrial design, easy Internet access, built-in support for AirPort® wireless networking, fan-less operation, and
`PowerPC G3 processors, making them suitable for a wide range of education and consumer applications. Three of the four
`current iMac standard configurations come standard with slot-loading CD-RW drives.
`
`iBook®
`
`Designed specifically for the portable computing needs of education and consumer users, the current iBook design was
`introduced in May of 2001. Current iBook models weigh less than 5 pounds, feature 12.1 inch TFT active-matrix displays,
`offer a choice of optical drive configurations, have long battery life, and utilize PowerPC G3 processors.
`
`iPodTM
`
`Introduced in October 2001, the iPod portable digital music player holds up to 1,000 CD-quality songs in a 6.5 ounce design.
`The iPod features an intuitive user interface on a 2-inch liquid crystal display, automatic synchromzation with a music
`collection on a Macintosh via Apple's iTunesTM 2 digital music software, a high-speed FireWire® connection for power and
`data transfer and a 10 hour battery life. By enhancing the overall functionality and integration of the digital music player and
`by expanding the value of the digital music stored on a computer, the iPod represents an important and natural extension of
`Apple's digital hub strategy.
`
`Peripheral Products
`The Company sells certain associated Apple-branded computer hardware peripherals, including a range of high quality flat
`
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066l7lz10-k4...
`
`12/29/2013
`PAGE 000003
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 4 of 76
`
`panel TFT active-matrix digital color displays and AirPort wireless networking base stations and add-in cards. The Company
`also sells a variety of third-party Macintosh-compatible hardware
`
`3
`
`products directly to end users through both its retail and online stores, including computer printers and printing supplies,
`storage devices, computer memory, digital video and still cameras, personal digital assistants, digital music players and
`related accessories, and various other computing products and supplies.
`
`Principal Software Products
`
`Operating System Software
`During 2001, the Company introduced the first customer release of its new client operating system, Mac OS® X, and its first
`significant upgrade, Mac OS X v10.1. This new operating system offers advanced functionality built on an open-source
`UNIX-based foundation. Mac OS X incorporates the most fundamental changes in both core technology and user interface
`design made by the Company to the Mac OS in a single upgrade since the original introduction of the Macintosh in 1984.
`Mac OS X features memory protection, pre-emptive multi-tasking, and symmetric multiprocessing. Mac OS X includes
`Apple's new QuartzTM 2D graphics engine (based on the Intemet-standard Portable Document Format) for enhanced graphics
`and broad font support, and OpenGL for enhanced 3D graphics and gaming. In addition, Mac OS X features Apple's new
`user interface named "Aqua®," which combines superior ease-of-use with new functionality such as the "Dock," a new
`interface for organizing applications, documents and miniaturized windows. Included with Mac OS X are native versions of
`several Internet applications including Mail, Sherlock®, the Company's advanced Internet search engine, QuickTime®
`Player for streaming audio and video and Microsoft Internet Explorer 5.1. Mac OS X also includes a copy of Mac OS 9.2 so
`users can run Mac OS 9 applications natively in Mac OS 9.2 or in the Classic compatibility environment in Mac OS X. The
`Company also develops and distributes extensions to the Macintosh system software including utilities, languages, and
`developer tools.
`
`Mac OS X Server delivers high-performance services for Internet and web serving, filing, printing, and networking services
`needed to manage a network of Mac and Windows clients. Based on the Mach 2.5 microkemel and the BSD 4.4 operating
`system, Mac OS X Server is a modern UNIX-based server built on open standards. It provides performance and stability
`through full pre-emptive multi-tasking, protected memory, advanced virtual memory, software RAID support, QuickTime
`Streaming Server software, and NetBoot; a Mac OS X Server feature allowing a network of Macintosh computers to be
`booted and configured from a single server.
`
`Further information regarding the introduction of Mac OS X may be found in Part II, Item 7 of this Form 10-K under the
`heading "Factors That May Affect Future Results and Financial Condition," which information is hereby incorporated by
`reference.
`
`Application Software
`The Company has two digital video authoring/editing software titles. Final Cut Pro® 3 is a video authoring application
`designed to meet the demanding needs of the professional video editing environment by combining professional-quality real-
`time video editing, compositing, and special effects in one package. iMovieTM 2, the Company's easy-to-use consumer digital
`video editing software for creation of home and classroom movies, features an enhanced user interface, improved audio
`editing capabilities, enhanced controls for titling and transitions, and added special effects. iMovie 2 is currently preinstalled
`on all of the Company's Macintosh systems.
`
`iDVD 2 is consumer oriented software that makes it easy to turn iMovie files, QuickTime files and digital pictures into
`DVDs that can be played on consumer DVD players. iDVD 2 simplifies DVD authoring by offering built-in professionally
`designed themes and drag-and—drop simplicity. The Company's other DVD application, DVD Studio ProTM, lets professional
`users encode video, conduct complex authoring tasks and preview finished product in real-time. Both iDVD 2 and DVD
`Studio Pro allow users to burn DVDs using the Power Mac G4's SuperDrive.
`
`4
`
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066l7lz10-k4...
`
`12/29/2013
`PAGE 000004
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 5 of 76
`
`iTunes 2 is a digital music application for the Macintosh that lets users create and manage their own digital music library.
`iTunes 2 organizes music using searching, browsing and playlist features. It supports both audio and MP3 CD burning,
`features a graphic equalizer and cross fading between songs, and supports automatic synchronization with the music stored
`on an iPod, Apple's new portable digital music player. iTunes 2 is currently preinstalled on all of the Company's Macintosh
`systems.
`
`AppleWorks® 6.2 is an integrated productivity application that incorporates word processing, page layout, image
`manipulation, spreadsheets, databases and presentations in a single application. Intended to be an easy-to-use product for the
`Company's consumer and education customers, AppleWorks makes it simple to create professional looking documents in the
`classroom and at home.
`
`FileMaker Corporation, a wholly owned subsidiary of the Company, develops, publishes, and distributes desktop based
`database management application software for Mac OS and Windows-based systems. FileMaker's FileMaker® Pro database
`software and related products offer strong relational databases and advanced desktop-to-web publishing capabilities.
`
`Internet Software, Integration, and Services
`Apple's Internet strategy is focused on delivering seamless integration with and access to the Internet throughout the
`Company's product lines. Apple develops products and technologies that adhere to many industry standards in order to
`provide an optimized user experience through interoperability. In addition to Sherlock 2, an easy Internet Setup Assistant is
`included with the Mac OS.
`
`QuickTime 5 Player, the Company's current version of its multimedia software for Macintosh and Windows platforms,
`features streaming of live and stored video and audio over the Internet and playback of high-quality audio and video on
`computers. More than 150 million copies of QuickTime Player have been distributed. Over 20,000 software applications and
`content CDs feature QuickTime, and more than 75 models of digital cameras from most major brands use QuickTime to
`capture and display their images. QuickTime Pro is a suite of software that allows creation and editing of Intemet-ready
`audio and video files and allows a user to add special effects and other features to QuickTime movies. QuickTime Streaming
`Server software is the underlying server technology that powers QuickTime's ability to stream live and stored video and
`audio over the Internet. QuickTime Streaming Server can be downloaded for free as open source software and is included in
`Mac OS X Server.
`
`WebObjects®, the Company's Java-based application server for web publishing and enterprise application development,
`offers a complete solution for rapid development and deployment of web applications. WebObjects features sophisticated
`graphical development tools, comprehensive prebuilt and reusable components, integration with numerous data sources, and
`robust deployment tools.
`
`Apple currently offers three free Internet services collectively called iTools. Mac.comTM is an email service run by Apple.
`iDisk offers users 20 megabytes of private or public storage on Apple's Internet servers. HomePage allows users to create
`their own personal website hosted by Apple with personalized content including data, pictures, and movies. In addition to the
`three iTools services, Apple also currently offers on its corporate website iCards, an electronic greeting card service.
`
`Third-Party Software Products
`Thousands of third-party software titles and solutions are available for the Macintosh platform. The Company sells a variety
`of these third-party software products directly to end users through both its retail and online stores. Additional information
`regarding the Company's relationship with and dependence upon third-party software developers, including Microsoft
`Corporation, may be found in Part II, Item 7 of this Form 10-K under the heading "Factors That May Affect Future Results
`and Financial Condition," which information is hereby incorporated by reference.
`
`5
`
`Product Support and Services
`AppleCare® offers a range of support options for Apple customers. These options include assistance that is built into
`software products, printed and electronic product manuals, online support including comprehensive product information as
`well as tecMcal assistance, and the AppleCare Protection Plan. The AppleCare Protection Plan is a fee-based service that
`typically includes three years of phone support and hardware repairs, dedicated web-based support resources, and user
`diagnostic tools.
`
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066l7lz10-k4...
`
`12/29/2013
`PAGE 000005
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 6 of 76
`
`Apple Training offers comprehensive system administration and development training on Apple technologies, together with
`certification programs that test customer's skills and verify their tecMcal proficiency. Apple Professional Services offers a
`range of custom, personalized tecMcal services, including Internet consulting and setup, installation and integration services.
`The Company also offers specialized loan programs including loans for consumers, students, and educators. Apple also
`provides leasing solutions for its education institution customers and its business and design customers. The Company uses
`several third-party lenders to originate and carry these loans and leases.
`
`Specialized Education Products and Services
`The Company offers a variety of umque services and products to its education customers, including a separate online store
`for education customers offering special education price lists and promotions; special financing programs for K-12 and
`higher education students, faculty, and staff; a special edition of its productivity software suite, AppleWorks, that is cross
`platform for both Macintosh and Windows computers; the iBook Wireless Mobile Lab that allows teachers and students to
`share iBook computers, a printer, and a wireless network/Intemet connection that are stored on a mobile cart that can be
`moved between classrooms; and three special Digital Media Studio solutions designed for education, including one that is
`integrated into a mobile cart. Additionally, Apple Professional Services offers a range of tecMcal services to education
`customers.
`
`In March of 2001, Apple acquired PowerSchool Inc., a privately held provider of web-based student information systems for
`K-12 schools and school districts. PowerSchool® software products give school adrnimstrators and teachers the ability to
`easily and cost-effectively manage student records and give parents real-time access to track their children's performance.
`PowerSchool offers the option of being hosted remotely with an application service provider model.
`
`Markets and Distribution
`
`The Company's customers are primarily in the education, creative, consumer, and business markets. Certain customers are
`attracted to Macintosh computers for a variety of reasons, including the reduced amount of training resulting from the
`Macintosh computer's intuitive ease of use, advanced graphics capabilities, industrial design features of the Company's
`hardware products, ability of Macintosh computers to network and commumcate with other computer systems and
`environments, and availability of application software. Apple personal computers were first introduced to education
`customers in the late 1970s. Sales in the United States to both elementary and secondary schools, as well as for college and
`university customers, remains a core market for Apple, accounting for over 26% of net sales in 2001.
`
`The Company distributes its products through wholesalers, resellers, national and regional retailers and cataloguers. During
`2000 a single distributor, Ingram Micro Inc., accounted for approximately 11.5% of net sales. No other customer accounted
`for more than 10% of net sales during 2000, and no individual customer accounted for more than 10% of net sales in 2001 or
`1999. The Company also sells many of its products and resells certain third-party products in most of its major markets
`directly to consumers, education customers, and certain resellers either directly, through its retail stores in the United States,
`or through one of its online stores around the world. During 2001, net sales attributable to the Company's online stores totaled
`approximately $2 billion.
`
`Since May of 2001, the Company opened 27 retail stores in the United States. The Company anticipates opemng additional
`stores in calendar 2002. The Company has located its retail stores in high traffic
`
`6
`
`locations in shopping malls and urban shopping districts. In addition to its own hardware and software products, the
`Company's retail stores carry a variety of third-party hardware and software in inventory and provide certain hardware
`support services.
`
`Competition
`The Company is confronted by aggressive competition in all areas of its business. The market for the design, manufacture,
`and sale of personal computers and related software and peripheral products is highly competitive. It continues to be
`characterized by rapid technological advances in both hardware and software development, which have substantially
`increased the capabilities and applications of these products, and has resulted in the frequent introduction of new products
`and significant price, feature, and performance competition. Recently, price competition in the market for personal computers
`has been particularly intense. The Company's competitors who sell Windows-based personal computers have aggressively cut
`prices and lowered their product margins to gain or maintain market share in response to weakness in demand for personal
`computing products. The Company's results of operations and financial condition have been, and in the future may continue
`
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066171z10-k4...
`
`12/29/2013
`PAGE 000006
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 12 of 76
`
`The Company's common stock is traded on the over-the-counter market and is quoted on the Nasdaq National Market under
`the symbol AAPL, on the Tokyo Stock Exchange under the symbol APPLE, and on the Frankfurt Stock Exchange under the
`symbol APCD. As of December 7, 2001, there were 26,992 shareholders of record.
`
`On June 21, 2000, the Company effected a two-for-one stock split in the form of a Common Stock dividend to shareholders
`of record as of May 19, 2000. All share price and per share data and numbers of Common shares, have been retroactively
`adjusted to reflect the stock split.
`
`The Company did not pay cash dividends in either fiscal 2001 or 2000. The Company anticipates that, for the foreseeable
`future, it will retain any earnings for use in the operation of its business.
`
`The price range per share of common stock represents the highest and lowest prices for the Company's common stock on the
`Nasdaq National Market during each quarter.
`
`Fiscal 2001 price range per common
`share
`
`Fiscal 2000 price range per common
`share
`
`Item 6. Selected Financial Data
`
`Fourth Quarter
`Third Quarter
`Second Quarter
`First Quarter
`
`
`$
`
`$
`
`25.22-$14.68
`
`64.13-$25.38
`
`$
`
`$
`
`27.12-$18.75
`
`69.75-$40.19
`
`$
`
`$
`
`23.75-$14.44
`
`75.19-$43.25
`
`$
`
`$
`
`26.75-$13.63
`
`59.00-$28.72
`
`The following selected financial information has been derived from the audited consolidated financial statements. The
`information set forth below is not necessarily indicative of results of future operations, and should be read in conjunction
`with Item 7, "Management's Discussion and Analysis of Financial Condition and Results of Operations" and the consolidated
`financial statements and related notes thereto included in Item 8 of this Form 10-K in order to fully understand factors that
`may affect the comparability of the information presented below.
`
`Five fiscal years ended September 29, 2001
`(In millions, except share and per share amounts)
`
`Net sales
`Net income (loss)
`Earnings (loss) per common share:
`Basic
`Diluted
`Cash dividends declared per common share
`Shares used in computing earnings (loss) per
`share (in thousands):
`Basic
`Diluted
`Cash, cash equivalents, and short-term
`investments
`Total assets
`Long-term debt
`Shareholders' equity
`
`1997
`1998
`1999
`2000
`2001
`
`
`$
`$
`
`8
`$
`$
`
`$
`$
`$
`$
`
`5,363
`(25)
`
`$
`$
`
`7,983
`786
`
`$
`$
`
`6,134
`601
`
`$
`$
`
`5,941
`309
`
`$
`$
`
`7,081
`(1,045)
`
`$
`(0.07)
`$
`(0.07)
`— $
`
`$
`2.42
`$
`2.18
`— $
`
`$
`2.10
`$
`1.81
`— $
`
`$
`1.17
`$
`1.05
`— $
`
`(4.15)
`(4.15)
`—
`
`345,613
`345,613
`
`324,568
`360,324
`
`286,314
`348,328
`
`263,948
`335,834
`
`252,124
`252,124
`
`4,336
`6,021
`3 17
`3,920
`
`$
`$
`$
`$
`
`4,027
`6,803
`300
`4,107
`
`$
`$
`$
`$
`
`3,226
`5,161
`300
`3,104
`
`$
`$
`$
`$
`
`2,300
`4,289
`954
`1,642
`
`$
`$
`$
`$
`
`1,459
`4,233
`951
`1,200
`
`Net gains before taxes related to the Company's non-current debt and equity investments of $75 million, $367 million,
`$230 million, and $40 million were recognized in 2001, 2000, 1999, and 1998, respectively. In 2001, the Company acquired
`PowerSchool, Inc., resulting in the allocation to in-process research and development of a charge of $11 million for acquired
`in-process technologies with no altemative future use.
`
`13
`
`
`
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066171210-k4...
`
`12/29/2013
`PAGE 000007
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 13 of 76
`
`Net charges related to Company restructuring actions of $8 million, $27 million and $217 million were recognized in 2000,
`1999, and 1997, respectively. During 2000, the Company recognized the cost of a special executive bonus for the Company's
`Chief Executive Officer for past services in the form of an aircraft with a total cost to the Company of approximately
`$90 million. In 1997, the Company acquired NeXT Software, Inc., resulting in the allocation to in-process research and
`development of a charge of $375 million for acquired in-process technologies with no alternative future use. Also in 1997,
`the Company agreed to acquire certain assets from Power Computing Corporation (PCC). The total purchase price was
`approximately $110 million, of which $75 million was expensed in 1997 as "termination of license agreement."
`
`The following table sets forth quarterly results of operations for fiscal 2001 and 2000 (in millions, except unit shipment and
`per share amounts):
`
`Year Ended September 29, 2001
`Year Ended September 30, 2000
`
`Fourth
`Third
`Second
`First
`Fourth
`Third
`Second
`First
`
`Quarter
`Quarter
`Quarter
`Quarter
`Quarter
`Quarter
`Quarter
`Quarter
`
`
` *2
`
`$
`
`$
`
`$
`
`$
`
`$
`
`1,450
`
`850
`437
`30%
`3 84
`7
`53
`
`4%
`
`1
`
`7
`40
`
`$
`
`$
`
`$
`
`$
`
`$
`
`1,475
`
`827
`434
`29%
`392
`11
`31
`
`2%
`
`11
`
`7
`45
`
`26
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`1,431
`
`751
`385
`27%
`393
`7
`(8)
`
`(1)%
`
`5
`
`$
`
`7 $
`65
`$
`
`19
`
`$
`
`1,007
`
`659
`(21)
`(2)%
`399
`7
`(420)
`
`(42)%
`
`71
`
`(13)
`67
`
`(88)
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`1,870
`
`1,122
`467
`25%
`383
`7
`84
`
`4%
`
`83
`
`7
`62
`
`59
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`1,825
`
`1,016
`543
`30%
`375
`7
`168
`
`9%
`
`50
`
`7
`52
`
`70
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`1,945
`
`1,043
`549
`28%
`379
`7
`170
`
`9%
`
`100
`
`7
`49
`
`86
`
`S
`
`S
`
`S
`
`S
`
`S
`
`S
`
`2,343
`
`1,377
`607
`26%
`409
`98
`100
`
`4%
`
`134
`
`7
`40
`
`91
`
`Net sales
`Macintosh CPU unit sales
`(in thousands)
`Gross margin
`Gross margin percentage
`Operating expenses
`Special charges
`Operating income
`Operating margin
`percentage
`Gains on non-current
`investments, net
`Unrealized loss on convertible
`securities
`Interest and other income, net
`Provision (benefit) for income
`taxes
`Income (loss) before
`accounting change
`Cumulative effect of
`accounting change, net of taxes
`Net income (loss)
`Earnings (loss) per common
`share before accounting
`change:
`Basic
`
`Diluted
`Earnings (loss) per common
`share:
`
`Basic
`Diluted
`Shares used in calculating
`earnings (loss) per share (in
`thousands):
`Basic
`Diluted
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`$
`
`28
`
`66
`
`7
`66
`
`0.19
`
`0.19
`
`0.19
`0.19
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`$
`
`61
`
`7
`61
`
`0.17
`
`0.17
`
`0.17
`0.17
`
`$
`
`$
`
`$
`
`$
`
`$
`$
`
`43
`
`$
`
`7 $
`43
`$
`
`0.12
`
`0.12
`
`0.12
`0.12
`
`$
`
`$
`
`$
`$
`
`(207)
`
`12
`(195)
`
`(0.61)
`
`(0.61)
`
`(0.58)
`(0.58)
`
`$
`
`$
`
`$
`
`$
`
`$
`$
`
`170
`
`7
`170
`
`0.52
`
`0.47
`
`0.52
`0.47
`
`$
`
`$
`
`$
`
`$
`
`$
`$
`
`200
`
`7
`200
`
`0.62
`
`0.55
`
`0.62
`0.55
`
`$
`
`$
`
`$
`
`$
`
`$
`$
`
`233
`
`7
`233
`
`0.72
`
`0.64
`
`0.72
`0.64
`
`S
`
`S
`
`S
`
`S
`
`S
`S
`
`183
`
`7
`183
`
`0.57
`
`0.51
`
`0.57
`0.51
`
`350,819
`356,525
`
`348,765
`358,912
`
`346,080
`352,812
`
`337,170
`337,170
`
`326,977
`361,784
`
`325,040
`361,817
`
`324,343
`363,986
`
`322,077
`356,834
`
`14
`
`
`
`Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations
`
`This section and other parts of this Form 10-K contain forward-looking statements that involve risks and uncertainties. The
`Company's actual results may differ significantly from the results discussed in the forward-looking statements. Factors that
`might cause such differences include, but are not limited to, those discussed in the subsection entitled "Factors That May
`Affect Future Results and Financial Condition" below. The following discussion should be read in conjunction with the
`consolidated financial statements and notes thereto included in Item 8 of this Form 10-K. All information presented herein is
`based on the Company's flscal calendar.
`
`http://www.sec.gov/Archives/edgar/data/320193/000091205701544436/a2066171z10-k4...
`
`12/29/2013
`PAGE 000008
`
`

`

`Prepared by MERRILL CORPORATION
`
`Page 14 of 76
`
`Results of Operations
`The following table sets forth annual results of operations for fiscal years 2001, 2000, and 1999 (in millions, except unit
`shipment and per share amounts):
`
`2001
`ChangeWWW
`
`2000
`Change
`1999
`W W WWW
`
`30% $
`32%
`28% $
`
`21% $
`
`17% $
`
`61% $
`
`$
`
`$
`$
`45% $
`$
`$
`133% $
`308% $
`31% $
`$
`31% $
`
`15% $
`20% $
`
`15% $
`
`20% $
`
`6,134
`3,448
`1,696
`28%
`314
`5%
`996
`16%
`386
`
`_
`
`27
`_
`359
`230
`_
`87
`75
`601
`_
`601
`
`2.10
`1.81
`
`2.10
`
`1.81
`
`7,983
`4558
`2,166
`2796
`380
`
`596
`L166
`15%
`620
`
`90
`522
`367
`
`203
`306
`786
`
`786
`
`2.42
`2.18
`
`2.42
`
`2.18
`
`$ 9
`
`99999999999999999999999
`
`99
`
`5,363
`3,087
`1235
`2396
`430
`896
`
`1,138
`2196
`
`(33)96
`(32)96
`(43)96
`
`1396
`
`(2)96
`
`(333)
`
`(154)96
`
`11
`
`_
`_
`(344)
`88
`(13)
`217
`(15)
`(37)
`12
`(25)
`
`(011)
`(011)
`
`«107)
`«107)
`
`(166)96
`
`796
`
`(105)96
`(105)96
`
`(103)96
`
`(105)96
`(105)96
`
`(103)96
`(103)96
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`
`$
`$
`$
`$
`$
`$
`$
`$
`$
`$
`
`$
`$
`
`$
`$
`
`15
`
`Net sales
`
`Macintosh CPU unit sales (in thousands)
`Gross margin
`
`Percentage of net sales
`Research an

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket