1 7 Robert A. Mittelstaedt #60359 ramittelstaedt@jonesday.com Craig E. Stewart #129530 cestewart@jonesday.com David C. Kiernan #215335 dkiernan@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 8 Attorneys for Defendant APPLE INC. 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 THE APPLE iPOD iTUNES ANTITRUST LITIGATION 15 __________________________________ 16 This Document Relates To: 17 ALL ACTIONS 18 Lead Case No. C 05-00037-JW [CLASS ACTION] DECLARATION OF DAVID C. KIERNAN IN SUPPORT OF APPLE’S RESPONSE TO PROFESSOR NOLL’S JULY 18 DECLARATION [EXHIBIT 2 FILED UNDER SEAL] 19 20 21 22 23 24 25 26 27 28 DECL. OF DAVID C. KIERNAN ISO APPLE’S RESPONSE TO NOLL’S JULY 18 DECL. CASE NO. C 05-00037-JW 1 I, David C. Kiernan, declare as follows: 2 1. I am a partner of Jones Day, counsel of record for Defendant Apple Inc. I am an 3 active, licensed member of the State Bar of California. I make this declaration in support of 4 Apple Inc.’s Response To Noll’s July 18 Declaration. I submit this declaration based on personal 5 knowledge. 6 7 8 9 10 11 2. Attached as Exhibit 1 to this declaration is a true and accurate copy of emails between Robert Mittelstaedt, counsel for Apple, and Carmen Medici, counsel for plaintiffs. 3. Attached as Exhibit 2 to this declaration are portions of the final transcript of the deposition of Roger Noll, taken on April 7, 2011. I declare under penalty of perjury that the foregoing is true and correct. This declaration was executed on July 22, 2011, in San Francisco, California. 12 /s/ David C. Kiernan David C. Kiernan 13 14 SFI-701510v1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECL. OF DAVID C. KIERNAN ISO APPLE’S RESPONSE TO NOLL’S JULY 18 DECL. CASE NO. C 05-00037-JW