BULKY DOCUMENTS
`(Exceeds 300 pages)
`
`Proceeding] Serial No: 9 1 1727 19
`
`Filed: 4-15-09
`
`Title: Declaration of Lisa G. Widup in support of
`opposer’s opposition to applicant’s motion for
`summary judgment/ summary adjudication an
`cross-motion for summary judgment
`
`Part 2 of 2
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`
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`Processed by Curtis Puryear
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`

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`7. 7
`
`Interpretation
`
`Reference in these Bylaws to any provision of the Code shall be deemed to include all amendments thereof.
`
`7. 8 Construction
`
`Unless the context requires otherwise, the general provisions, rules of construction and definitions in the Code shall govern the construction of these
`Bylaws. Without limiting the generality of the provision, the singular number includes the plural, the plural number includes the singular, and the term "person"
`includes both a corporation and a natural person.
`
`CONSTRUCTION OF BYLAWS WITH REFERENCE TO PROVISIONS OF LAW
`
`ARTICLE VIII
`
`8.] Bylaw Provisions Additional and Supplemental to Provisions ofLaw
`
`All restrictions, limitations, requirements and other provisions of these Bylaws shall be construed, insofar as possible, as supplemental and additional to all
`provisions of law applicable to the subject matter thereof and shall be fully complied with in addition to the said provisions of law unless such compliance shall
`be illegal.
`
`8.2 Bylaw Provisions Contrary to or Inconsistent with Provisions ofLaw
`
`
`Any article, section, subsection, subdivision, sentence, clause or phrase of these Bylaws which, upon being construed in the manner provided in Section 8 1
`of these Bylaws, shall be contrary to or inconsistent with any applicable provision of law, shall not apply so long as said provisions of law shall remain in effect,
`but such result shall not affect the validity or applicability of any other portions of these Bylaws, it being hereby declared that these Bylaws, and each article,
`section, subsection, subdivision, sentence, clause, or phrase thereof, would have been adopted irrespective of the fact that any one or more articles, sections,
`subsections, subdivisions, sentences, clauses or phrases is or are illegal.
`
`‘
`ARTICLE IX
`ADOPTION, AMENDMENT OR REPEAL OF BYLAWS
`
`9. I By Shareholders
`
`These Bylaws may be adopted, amended or repealed by the vote or written consent of holders of a majority of the outstanding shares entitled to vote. Any
`bylaws specifying or changing a fixed number of directors or the maximum or minimum number or changing from a fixed to a variable board or vice versa may
`only be adopted by the shareholders; provided, however, that a bylaw or amendment of the Articles of Incorporation reducing the number or the minimum
`number of directors to a number less than five cannot be adopted if the votes cast against its adoption at a meeting or the shares not consenting in the case of
`action by written consent are equal to more than sixteen and two-thirds percent (16-2/3%) of the outstanding shares entitled to vote.
`
`9.2 By the Board ofDirectors
`
`Subject to the right of shareholders to adopt, amend or repeal these Bylaws, other than a bylaw or amendment thercofspccifying or changing a fixed number
`of directors or the maximum or minimum number or changing from a fixed to a variable board or vice versa, may be adopted, amended or repealed by the Board
`of Directors. A bylaw adopted by the shareholders may restrict or eliminate the power of the Board of Directors to adopt, amend or repeal these Bylaws.
`
`l7
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`Source: APPLE INC, 10-K, November 15, 2007
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`

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`ARTICLE X
`
`INDEMNIFICATION
`
`I 0.1
`
`lndemmflcation ofDirectors and Officers
`
`The Corporation shall, to the maximum extent and in the manner permitted by the Code, indemnify each of its directors and officers against expenses (as
`defined in Section 3 l7(a) of the Code), judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any proceeding (as
`defined in Section 3l7(a) of the Code), arising by reason of the fact that such person is or was an agent of the Corporation. For purposes of this @fle_)_(, a
`"director" or "officer" of the Corporation includes any person (a) who is or was a director or officer of the Corporation, (b) who is or was serving at the request of
`the Corporation as a director or officer of another corporation, partnership, joint venture, trust or other enterprise, or (c) who was a director or officer of a
`corporation which was a predecessor corporation of the Corporation or of another enterprise at the request of such predecessor corporation.
`
`10.2
`
`Indemnification of Others
`
`The Corporation shall have the power, to the extent and in the manner pcnnitted by the Code, to indemnify each of its employees and agents (other than
`directors and officers) against expenses (as defined in Section 3l7(a) of the Code), judgments, fines, settlements, and other amounts actually and reasonably
`incurred in connection with any proceeding (as defined in Section 3l7(a) of the Code), arising by reason of the fact that such person is or was an agent of the
`Corporation. For purposes of this Article X, an "employee" or "agent" of the Corporation (other than a director or officer) includes any person (a) who is or was
`an employee or agent of the Corporation, (b) who is or was serving at the request of the Corporation as an employee or agent of another corporation, partnership,
`joint venture, trust or other enterprise, or (c) who was an employee or agent of a corporation which was a predecessor corporation of the corporation or of another
`enterprise at the request of such predecessor corporation.
`
`1 0.3 Payment ofExpenses in Advance
`
`Expenses incurred in defending any proceeding for which indemnification is required pursuant to Section l0.l of these Bylaws or for which indemnification
`is permitted pursuant to Section 10.2 of these Bylaws following authorization thereof by the Board of Directors, may be advanced by the Corporation prior to the
`final disposition of the proceeding upon receipt of an undertaking by or on behalf of the indemnified party to repay that amount if it shall be determined
`ultimately that the indemnified person is not entitled to be indemnified as authorized by this Article X.
`
`10.4
`
`Indemnification not Exclusive
`
`The indemnification provided by this Article X for acts, omissions or transactions while acting in the capacity of, or while serving as, a director or officer of
`the Corporation but not involving a breach of duty to the Corporation and its shareholders shall not be deemed exclusive of any other rights to those seeking
`indemnification may be entitled under any bylaw, agreement, vote of shareholders or disinterested directors, or otherwise, to the extent the additional rights to
`indemnification are authorized in the Articles of Incorporation.
`
`10.5
`
`Insurance Indenmrfication
`
`The Corporation shall have the power to purchase and maintain insurance on behalf of any agent of the Corporation against any liability asserted against or
`incurred by the agent in that capacity or arising out of that agent's status as such whether or not the Corporation would have the power to indemnify the agent
`against that liability under the provisions ofthis Article X.
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`18
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`Source: APPLE INC, 10-K, November 15, 2007
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`

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`I 0.6 Canflicts
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`No indemnification or advance shall be made under this Article X, except where the court in which the proceeding is or was pending upon application made
`by the Corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not the application by the agent,
`attorney or other person is opposed by the Corporation:
`
`that it would be inconsistent with a provision of the Articles of Incorporation, these Bylaws, a resolution of the shareholders or an agreement in effect at
`(a)
`the time of the accrual of the alleged cause of the action asserted in the proceeding in which the expenses were incurred or other amounts were paid, which
`prohibits or otherwise limits indemnification; or
`
`(b)
`
`that it would be inconsistent with any condition expressly imposed by a court in approving a settlement.
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`l9
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`Source: APPLE INC, 10—K, November 15, 2007
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`CERTIFICATE OF ADOPTION OF
`
`AMENDED AND RESTATED BYLAWS
`OF
`APPLE INC.
`
`The undersigned hereby certifies that he is the duly elected, qualified and acting Senior Vice President, General Counsel and Secretary ofApple lnc., a
`California corporation (the "CorporaIion"), and that the foregoing amended and restated bylaws were adopted as the Corporation's bylaws as of November 13,
`2007 by the Corporation's Board of Directors.
`
`The undersigned has executed this Certifieate as of November 13, 2007.
`
`/s/ DANIEL COOPERMAN
`
`Daniel Coopcrman
`Senior Wce President, General Counsel and Secretary
`
`20
`
`
`Source: APPLE INC, 10-K, November 15, 2007
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`QuickLinks
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`Exhibit 3.5
`AMENDED AND RESTATED BYLAWS OF AP_I3LE 1111;; (as of November 13, 2097)
`Ta Ie of Contents
`APPLE INC, AMENDED AND RESTATED BYLAWS
`ARTICLE 1 CQRPORATE OFFICES
`ARTICLE II DIRECTORS
`ARTICLE III OFFICERS
`ARTICLE IV CQMMITTEES
`ARTICLE V MEETINGS OF SHAREHOLDERS
`ARTICLE VI MEETINGS OF DIRECTORS
`ARTICLE VII GENERAL MATTERS
`ARTICLE VIII CONSTRUCTION OF BYLAWS WITH REFERENCE TO PROVISIONS OF LAW
`
`ARTICLE IX ADOPTION, AMENDMENT OR REPEAL OF BYLAWS
`ARTICLE X INDEMNIFICATIQN
`CERTIFICATE OF ADOPTION OF AMENDED AND RESTATED BYLAWS OF APPLE INC,
`
`Source: APPLE INC, 10-K, November 15, 2007
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`

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`QuickLink -- Click here to rapidly navigate through this document
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`,.
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`APPLE INC.
`2003 EMPLOYEE STOCK PLAN
`RESTRICTED STOCK UNIT AWARD AGREEMENT
`
`Exhibit 10.15
`
`THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this "Agreement") is dated as of
`‘ corporation (the "Company"), and _______ (the "Participant").
`
`-
`
`by and between Apple Inc., a California
`
`W I T N E S S E T H
`
`WHEREAS, pursuant to the 2003 Employee Stock Plan (the "Plan"), the Company has granted to the Participant effective as of the date hereof (the
`"Award Date"), a credit of stock units under the Plan (the "Award"), upon the terms and conditions set forth herein and in the Plan.
`
`NOW THEREFORE, in consideration of services rendered and to be rendered by the Participant, and the mutual promises made herein and the mutual
`benefits to be derived there from, the parties agree as follows:
`
`1. Defined Terms. Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to such terms in the Plan.
`
`2. gait. Subject to the terms of this Agreement, the Company hereby grants to the Participant an Award with respect to an aggregate of
`stock units (subject to adjustment as provided in Section 11 of the Plan) (the "Stock Units"). As used herein, the term "stock unit" shall mean a non-voting unit
`of measurement which is deemed for bookkeeping purposes to be equivalent to one outstanding share of the Company's Common Stock (subject to adjustment as
`provided in Section 11 of the Plan) solely for purposes of the Plan and this Agreement. The Stock Units shall be used solely as a device for the determination of
`the payment to eventually be made to the Participant if such Stock Units vest pursuant to Section 3. The Stock Units shall not be treated as property or as a trust
`fund of any kind.
`
`Subject to Section 8 below, the Award shall vest and become nonforfeitable with respect to
`3. Vesting.
`Units (subject to adjustment under Section 7.1 of the Plan) on
`(each, a "Vesting Date").
`
`of the total number of Stock
`
`gggntinugngg gf Employment. The vesting schedule requires continued employment or service through each applicable vesting date as a condition to
`4.
`the vesting of the applicable installment of the Award and the rights and benefits under this Agreement. Employment or service for only a portion of the vesting
`period, even ifa substantial portion, will not entitle the Participant to any proportionate vesting or avoid or mitigate a termination of rights and benefits upon or
`following a termination of employment or services as provided in Section 8 below or under the Plan.
`
`Nothing contained in this Agreement or the Plan constitutes an employment or service commitment by the Company, affects the Participant's status as an
`employee at will who is subject to termination with or without cause, confers upon the Participant any right to remain employed by or in service to the Company
`or any Subsidiary, interferes in any way with the right of the Company or any Subsidiary at any time to terminate such employment or services, or affects the
`right of the Company or any Subsidiary to increase or decrease the Participant's other compensation or benefits. Nothing in this paragraph, however, is intended
`to adversely affect any independent contractual right of the Participant without his consent thereto.
`
`5. N9 Shareholder Rights. The Participant shall have no rights as a shareholder of the Company, no dividend rights and no voting rights with respect to
`the Stock Units or any shares of Common Stock underlying or issuable in respect of such Stock Units until such shares of Common Stock are actually issued to
`and held of record by the Participant. No adjustments will be made for dividends or other rights of a holder for which the record date is prior to the date of
`issuance of the stock certificate evidencing such shares.
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`Source: APPLE INC, 10-K. November 15, 2007
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`6. Restrictions on Transfer. Except as provided in Section 4(c) of the Plan, neither the Award, nor any interest therein or amount or shares payable in
`respect thereof may be sold, assigned, transferred, pledged or otherwise disposed of, alienated or encumbered, either voluntarily or involuntarily.
`
` 7. Timin and Manner of Pa ment of St ck nit . On or as soon as administratively practical following each vesting of the applicable portion ofthe
`
`total Award pursuant to Section 3 or Section 9, the Company shall deliver to the Participant a number of shares of Common Stock (either by delivering one or
`more certificates for such shares or by entering such shares in book entry form, as determined by the Company in its discretion) equal to the number of Stock
`Units subject to this Award that vest on the applicable vesting date, unless such Stock Units tenninate prior to the given vesting date pursuant to Section 8. The
`Company's obligation to deliver shares of Common Stock or otherwise make payment with respect to vested Stock Units is subject to the condition precedent that
`the Participant or other person entitled under the Plan to receive any shares with respect to the vested Stock Units deliver to the Company any representations or
`other documents or assurances required pursuant to Section l3(c) of the Plan. The Participant shall have no further rights with respect to any Stock Units that are
`paid or that terminate pursuant to Section 8.
`
`8. Effect 91' Termination of Employment. The Participant's Stock Units shall tcnninate to the extent such units have not become vested prior to the first
`date the Participant is no longer employed by or providing services to the Company or one of its Subsidiaries (the "Severance Date"), regardless of the reason
`for the termination of the Participant's employment with the Company or a Subsidiary, whether with or without cause, voluntarily or involuntarily; provided,
`however, that in the event such termination of employment is due to the Participant's death or Disability, (a) the Award shall vest with respect to the number of
`Stock Units determined by multiplying (i) the number of then-outstanding and unvestcd Stock Units subject to the Award that would have othewvise vested
`pursuant to Section 3 on the next Vesting Date following the Severance Date but for such tcnnination of employment, by (ii) a fraction, the numerator of which
`shall be the number of whole calendar months that have elapsed between the Vesting Date that immediately preceded the Severance Date (or, in the case of a
`termination prior to the initial Vesting Date, the Award Date) and the Severance Date, and the denominator of which shall be twelve (12); and (b) any Stock
`Units that are not vested after giving effect to the foregoing clause (a) shall terminate. If any unvestcd Stock Units are terminated hereunder, such Stock Units
`shall automatically terminate and be cancelled as of the applicable termination date without payment of any consideration by the Company and without any other
`action by the Participant, or the Participant's beneficiary or personal representative, as the case may be.
`
`9. Adjustments Upgn Specified Events. The Committee may accelerate payment and vesting of the Stock Units in such circumstances as it, in its sole
`discretion, may determine. In addition, upon the occurrence of certain events relating to the Company's stock contemplated by Section ll of the Plan (including,
`without limitation, an extraordinary cash dividend on such stock), the Committee shall make adjustments in accordance with such section in the number of Stock
`Units then outstanding and the number and kind of securities that may be issued in respect of the Award.
`
`10. Tax Withholding. Subject to Section 14 of the Plan, upon any distribution of shares of Common Stock in respect of the Stock Units, the Company
`shall automatically reduce the number of shares to be delivered by (or otherwise reacquirc) the appropriate number of whole shares, valued at their then Fair
`Market Value, to satisfy any withholding obligations of the Company or its Subsidiaries with respect to such distribution of shares at the minimum applicable
`withholding rates. In the event that the Company cannot legally satisfy such withholding obligations by such reduction of shares, or in the event of a cash
`payment or any other withholding event in respect of the Stock Units, the Company (or a Subsidiary) shall be entitled to require a cash payment by or on behalf
`of the Participant and/or to deduct from other compensation payable to the Participant any sums required by federal, state or local tax law to be withheld with
`respect to such distribution or payment.
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`Source: APPLE INC, 10-K, November 15, 2007
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`

`
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`ll. Electr ni Deliver and Acce tance. The Company may, in its sole discretion, deliver any documents related to the Award by electronic means or
`request the Participant's consent to participate in the Plan by electronic means. The Participant hereby consents to receive all applicable documentation by
`electronic delivery and to participate in the Plan through an on-line (and/or voice activated) system established and maintained by the Company or a third party
`vendor designated by the Company.
`
`12. Data Privacy. The Participant acknowledges and consents to the collection, use, processing and transfer of personal data as described in this
`Section 12. The Company, its related entities, and the Participant's employer hold certain personal information about the Participant, including the Participant's
`name, home address and telephone number, date of birth, social security number or other employee identification number, salary, nationality, job title, any Shares
`or dircctorships held in the Company, details of all options or any other entitlement to Shares awarded, canceled, purchased, vested, unvested or outstanding in
`the Participant's favor, for the purpose of managing and administering the Plan ("Data"). The Company and its related entities may transfer Data amongst
`themselves as necessary for the purpose of implementation, administration and management of the Participant's participation in the Plan, and the Company and
`its related entities may each further transfer Data to any third parties assisting the Company or any such related entity in the implementation, administration and
`management of the Plan. The Participant acknowledges that the transferors and transfcrees of such Data may be located anywhere in the world and hereby
`authorizes each of them to receive, possess, use, retain and transfer the Data, in electronic or other fonn, for the purposes of implementing, administering and
`managing the Participant's participation in the Plan, including any transfer of such Data as may be required for the administration of the Plan and/or the
`subsequent holding of Shares on the Participant's behalf to a broker or to other third party with whom the Participant may elect to deposit any Shares acquired
`under the Plan (whether pursuant to the Award or otherwise).
`
`13. Noticeg. Any notice to be given under the tenns of this Agreement shall be in writing and addressed to the Company at its principal office to the
`attention of the Secretary, and to the Participant at the Participant's last address reflected on the Company's records, or at such other address as either party may
`hereafler designate in writing to the other. Any such notice shall be given only when received, but if the Participant is no longer an employee of the Company,
`shall be deemed to have been duly given by the Company when enclosed in a properly sealed envelope addressed as aforesaid, registered or certified, and
`deposited (postage and registry or certification fee prepaid) in a post office or branch post office regularly maintained by the United States Government.
`
`14. PIE. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan,
`incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and
`understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of
`the Plan that confer discretionary authority on the Board or the Committee do not (and shall not be deemed to) create any rights in the Participant unless such
`rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Committee so conferred by appropriate action of the Board or the
`Committee under the Plan after the date hereof.
`
`15. Entire Agreement. This Agreement and the Plan together constitute the entire agreement and supersede all prior understandings and agreements,
`written or oral, of the parties hereto with respect to the subject matter hereof. The Plan and this Agreement may be amended pursuant to Section l5 of the Plan.
`Such amendment must be in writing and signed by the Company. The Company may, however, unilaterally waive any provision hereof in writing to the extent
`such waiver does not adversely affect the interests of the Participant hereunder, but no such waiver shall operate as or be construed to be a subsequent waiver of
`the same provision or a waiver of any other provision hereof.
`
`Source: APPLE INC. 10-K. November 15, 2007
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`
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`. 16. Lim'tation on Parti i ant's Ri hts. Participation in the Plan confers no rights or interests other than as herein provided. This Agreement creates
`only a contractual obligation on the part of the Company as to amounts payable and shall not be construed as creating a trust. Neither the Plan nor any underlying
`program, in and of itself, has any assets. The Participant shall have only the rights of a general unsecured creditor of the Company with ‘respect to amounts
`credited and benefits payable, if any, with respect to the Stock Units, and rights no greater than the right to receive the Common Stock as a general unsecured
`creditor with respect to Stock Units, as and when payable hereunder.
`
`17. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of
`which together shall constitute one and the same instrument.
`
`18. Section Headings. The section headings of this Agreement are for convenience of reference only and shall not be deemed to alter or affect any
`provision hereof.
`
`19. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California without
`regard to conflict of law principles thereunder.
`
`20. . It is intended that the tenns of the Award will not result in the imposition of any tax liability pursuant to Section 409A of the Code.
`This Agreement shall be construed and interpreted consistent with that intent.
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`[Remainder ofpage intentionally left blank]
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`4
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`Source: APPLE INC, 10-K, November 15, 2007
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`

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`IN WITNESS WHEREOF, the Companj
`hereunto set his or her hand as of the date and )
`
`aused this Agreement to be executed on its behalf by a c’
`st above written.
`
`‘thorized officer and the Participant has
`
`APPLE INC.,
`a California corporation
`
`By:
`
`PrintName:
`
`Its:
`
`PARTICXPANT
`
`Signature
`
`Print Name
`
`5
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`Source: APPLE INC, 10—K, November 15, 2007
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`QuickLinks
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`Exhibit 10.15
`
`APPLE INC. 2003 EMPLOYEE SLOCK PLAN RESTRICTED STOCK UNIT AW D GREE E
`W I T N E S S E T H
`
`Source: APPLE INC. 10—K, November 15. 2007
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`QuickLink —- Click here to rapidly na\ _
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`Exhibit 21
`
`Name
`
`SUBSIDIARIES OF
`APPLE INC.*
`
`Jurisdiction
`of Incorporation
`
`Apple Sales lntemational (formerly Apple Computer lntemational)
`Braebum Capital, Inc.
`
`"
`
`-
`
`~
`
`.~
`Ireland "1
`y
`Nevada, U.S.
`
`'
`
`= ,'
`
`Pursuant to [tern 601 (b)(2l)(ii) of Regulation S-K, the names of other subsidiaries of Apple Inc. are omitted because, considered in the aggregate, they
`would not constitute a significant subsidiary as of the end of the year covered by this report.
`
`Source:APPLE INC, 10-K, November 15, 2007
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`QuickLinks
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`Exhibit 21
`SUBSIDIARIES OF APPLE INC,
`
`Source: APPLE INC, 10—K, November 15, 2007
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`Exhibit 23.1
`
`The Board of Directors
`Apple lnc.:
`
`Consent of Independent Registered Public Accounting Firm
`
`We consent to the incorporation by reference in the registration statements on Forms S-8 (Nos. 2-70449, 2-77563, 2-85095, 33-00866, 33-23650, 33-31075,
`33-40877, 33-47596, 33-57092, 33-57080, 33-53873, 33-53879, 33-53895, 33-60279, 33-60281, 333-07437, 333-23719, 333-23725, 333-60455, 333-82603,
`333-93471, 333-37012, 333-52116, 333-61276, 333-70506, 333-75930, 333-102184, 333-106421, 333-125148, and 333-146026) and the registration statements
`on Forms S-3 (Nos. 33-23317, 33-29578, and 33-62310) ofApp1e lnc. of our reports dated November 15, 2007 with respect to the consolidated balance sheets of
`Apple Inc. and subsidiaries as of September 29, 2007 and September 30, 2006, and the related consolidated statements of operations, shareholders’ equity, and
`cash flows for each of the years in the three-year period ended September 29, 2007, and the effectiveness of internal control over financial reporting as of
`September 29, 2007, which reports appear in the September 29, 2007 annual report on Form 10-K ofApplc Inc.
`
`As discussed in Note 1 to the Consolidated Financial Statements, the Company adopted the provisions of Statement of Finaneial Accounting Standards
`No. 123R, Share-Based Payment, on September 25, 2005.
`
`/s/ KPMG LLP
`
`Mountain View, California
`November 15, 2007
`
`Source: APPLE INC, 10-K, November 15, 2007
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`QuickLinks
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`Exhibit 23.]
`onsenlof Inde endentRe istered Public Accountin Finn
`
`Source: APPLE INC, 10-K, November 15, 2007
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`.- through this document
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`1, Steven F. Jobs, certify that:
`
`CERTIFICATIONS
`
`Exhibit 31.1
`
`I.
`
`2'
`
`3.
`
`4.
`
`5.
`
`I have reviewed this annual report on Form 10-K ofApple Inc.;
`
`.
`Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
`statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this
`report;
`
`Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the
`financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
`
`The registrant's other certifying officer(s) and l are responsible for establishing and maintaining disclosure controls and procedures (as defined in
`Exchange Act Rules l3a-l5(e) and l5d-l5(e)) and internal control over financial reporting (as defined in Exchange Act Rules l3a-l5(t) and
`15d-15(0) for the registrant and have:
`
`(‘V
`
`0’)
`
`(6)
`
`(d)
`
`.
`.
`.
`.
`.
`Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision,
`to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within
`those entities, particularly during the period in which this report is being prepared;
`
`.
`.
`.
`Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our
`supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for
`external purposes in accordance with generally accepted accounting principles;
`
`Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the
`effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
`
`.
`.
`.
`Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most
`recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely
`to materially affect, the registrant's internal control over financial reporting; and
`
`The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the
`registrant's auditors and the audit committee of the registrant's board of directors (or persons perfomiing the equivalent functions):
`
`(0)
`
`(17)
`
`All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are
`reasonably likely to adversely affect the registrant's ability to record, process, summarize, and report financial information; and
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`Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal
`control over financial reporting.
`
`Date: November 15, 2007
`
`Steven P. Jobs
`Chief Executive Officer
`
`
`By:
`
`/s/ STEVEN P. JOBS
`—-m——2—
`
`Source: APPLE INC. 10-K, November 15, 2007
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`

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`QuickLinks
`
`Exhibit 31.1
`CERTIFICATIONS
`
`Source: APPLE INC, 10-K, November 15. 2007
`
`

`
`§2uickLink -- Click here to rapidly na\ _
`
`.e through this document
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`I, Peter Oppenheimer, certify that:
`
`CERTIFICATIONS
`
`Exhibit 31.2
`
`I.
`
`2.
`
`3.
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`4.
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`5.
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`l have reviewed this annual report on Fonn l0-K of Apple Inc.;
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`Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
`statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this
`report;
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`Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the
`financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
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`The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in
`Exchange Act Rules l3a—l 5(e) and l5d-l 5(e)) and internal control over financial reporting (as defined in Exchange Act Rules l3a-l5(f) and
`l5d-l 5(0) for the registrant and have:
`
`(‘V
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`(b)
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`(C)
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`(£1)
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`.
`.
`.
`Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision,
`to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within
`those entities, particularly during the period in which this report is being prepared;
`
`.
`_
`g
`Designed such intemal control over financial reporting, or caused such internal control over financial reporting to be designed under our
`supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for
`external purposes in accordance with generally accepted accounting principles;
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`Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the
`effectiveness of the disclosure controls and procedures, as of the end of th