"The Apple iPod iTunes Anti-Trust Litigation"

Filing 233

Declaration of Steven Leung in Support of Apple's 232 Motion to File Under Seal Defendant's Motion for Reconsideration of Rule 23(B)(2) Class and Declaration of Eddy Cue filed by Apple Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Scott, Michael) (Filed on 8/31/2009) Modified on 8/31/2009,(counsel failed to link to motion.) (cv, COURT STAFF).

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 233

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Robert A. Mittelstaedt #60359 [e-mail] Craig E. Stewart #129530 [e-mail] Michael Scott #255282 [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION

Case No. C 05-00037 JW C 06-04457 JW DECLARATION OF STEVEN LEUNG IN SUPPORT OF APPLE'S MOTION TO FILE UNDER SEAL DEFENDANT'S MOTION FOR RECONSIDERATION OF RULE 23(B)(2) CLASS AND DECLARATION OF EDDY CUE Date: Time: Place: October 5, 2009 9:00 A.M. Courtroom 8, 4th floor

I, Steven Leung, declare: I have been employed by Apple Inc. since December 1999. I currently hold the position of Senior Director, iTunes Finance. I make this declaration based on personal knowledge and, if called upon to do so, could and would testify competently thereto. 1. Portions of Defendant's Motion for Reconsideration of Rule 23(b)(2) Class and
Decl. ISO Administrative Motion to Seal C 05-00037 JW; C 06-04457 JW

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the Declaration of Eddy Cue in Support of Defendant's Motion for Reconsideration of Rule 23(b)(2) Class contain confidential and commercially sensitive business information, including iTunes Store sales and registration data and costs which Apple must pay to sell music through the iTunes Store. 2. Apple's practices are that such information is to be kept confidential and must not

be publicly disclosed. Information about iTunes Store sales in the United States is not publicly disclosed by Apple; Apple reports sales on a worldwide basis. Apple likewise does not disclose iTunes Store registration data or the royalty costs that it pays to record labels as a condition of selling music through the iTunes Store. This information is non-public financial information from a public company that should remain confidential. 3. Harm to Apple Inc. would result from the disclosure of the information contained

in these documents without the "Confidential ­Attorneys Eyes Only" protections provided by the Stipulation and Protective Order Regarding Confidential Information entered June 13, 2007 (Document No. 112). I believe the release of this information would adversely impact Apple's bargaining position in future dealings with current and potential business partners. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 27th day of August, 2009 in Cupertino, California.

______________________________ Steven Leung
SFI-617077v1

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Decl. ISO Administrative Motion to Seal C 05-00037 JW; C 06-04457 JW