"The Apple iPod iTunes Anti-Trust Litigation"

Filing 346

REDACTION Exhibits 2,3,4,5,7,9 to 345 Declaration of Thomas R. Merrick in Support of Plaintiffs' Memorandum in Opposition to Apple's Motion to Dismiss or, Alternatively, for Summary Judgment by Melanie Tucker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Merrick, Thomas) (Filed on 3/22/2010) Modified on 3/23/2010 (cv, COURT STAFF).

Case5:05-cv-00037-JW Document346-8

Filed03/22/10 Page1 of 2

EXHIBIT 8

Apple. Motorola se5:05-cv-00037-JWorld's First Mobile Phone with iTunes Page2 of 2 Page 1 of 1 Ca & Cingular Launch W Document346-8 Filed03/22/10

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Apple, Motorola & Cingular Launch World's First Mobile Phone with iTunes
Motorola ROKR Available at Cingular Stores Nationwide
SAN FRANCISCO, SCHAUMBURG, Illinois and ATLANTA-5eptember 7, 2005-Apple@, Motorola and Cingular Wireless today announced the availability of the world's first mobile phone with iTunes@, enabling music lovers to transfer up to 100 of their favorite songs from the iTunes jukebox on their MaC@ or PC to their mobile phone. Apple's iTunes sofiware on the Motorola ROKR features easy to use menus, simple navigation and playback, and the ability to simply switch from phone to music and back again with the push of a dedicated music key. The new Motorola ROKR is available today at www.cingular.com and will be sold exclusively in all Cingular retail locations beginning tomorrow.
"We've worked closely with Motorola to deliver the world's best music experience on a mobile phone," said Steve Jobs, Apple's CEO. "We're also thrilled to be working with Cingular, the largest wireless carlier in the US, to bring this pioneering phone to market."

"The ROKR brings music to the mobile phone in a way unlike any other, with the unrivaled ease of use that has become the signature of iTunes," said Ed Zander, chairman and CEO of
Motorola. "We predict that the ROKR is going to be a hit this holiday season."

"We're excited to be the first wireless carlier to offer the world's first phone with iTunes to our customers nationwide," said Ralph de la Vega, chief operating officer of Cingular Wireless.
"This innovative product represents a world class handset, connected to a world class network, delivering a world class application."

The new Motorola ROKR has a color display for viewing album art and features built-in dual-stereo speakers, as well as stereo headphones that also serve as a mobile headset with microphone. Music fans can randomly autofill or manually fill the mobile phone with playlists from their favorite music, audiobooks and Podcasts from their iTunes library via a USB connection. The Motorola ROKR pauses music automatically when users take a call and offers the ability to listen to music while messaging with mends or snapping a photo.
Pricing & Availability

The new Motorola ROKR with iTunes pre-installed is available for $249.99 (US) with a two-year commitment at all Cingular stores nationwide and includes stereo headphones and a USB cable. iTunes for Mac and Windows includes the iTunes Music Store and is available as a free download from www.apple.comlitunes. Purchase and download of songs from the iTunes Music Store for Mac or Windows requires a valid credit card with a billing address in the country of purchase.

Apple ignited the personal computer revolution in the 1970s with the Apple ii and reinvented the personal computer in the 1980s with the Macintosh. Today, Apple continues to lead the industry in innovation with its award-Winning desktop and notebook computers, OS X operating system, and iLife and professional applications. Apple is also spearheading the digital music revolution with its iPod portable music players and iTunes online music store.
Motorola pioneered mobile technology in the 1930s with car radios and public safety radio networks, and space-to earth communication for the Apollo program. In the 1980s, Motorola revolutionized personalized communications with the first commercial handheld cellular phone. Today, its new smart devices, networks, and software are making communications not just mobile, but seamless. Continuously redefining "the device formerly known as the mobile phone," Motorola also leads the industry in design, with award-winning products like the iconic RAZR. Motorola had sales of U.S. $31.3 billion in 2004. For more information, please visit www.Motorola.com.

Cingular Wireless is the largest wireless carlier in the United States, serving 51.6 million customers. Cingular, a joint venture between SBC Communications Inc. (NYSE: SBC) and BellSouth Corporation (NYSE: BLS), has the largest digital voice and data network in the nationDthe ALLOVER networkDand the largest mobile-to-mobile community of any national wireless carlier. Cingular is the only U.S. wireless carlier to offer Rollover, the wireless plan that lets customers keep their unused monthly minutes. Details of the company are available

at b.!!i!1..~.cingular.com.
Press Contacts:

Tom Neumayr Apple

tneulllilY£~com
Elizabeth Cahill

[phone]

Hill and Knowiton for Motorola

[phone] [phone] elizabeth [e-mail]
Jennifer Bowcock

Cingular [phone] [e-mail]
NOTE TO EDITORS; For additional information visit Apple's~, or call Apple'S Media Helpline at [phone]..
Apple, the Apple logo, Mac, Mac OS, Macintosh and iTunes are trademarks of Apple. Other company and prOduct n8mes may be trademarks 01 their respective owners.
Motorola and the Stylized M logo are registered in the U.S. Patent and Trademark Office CAll other prodUct or servk,e names are the property of their respeçtîve owners.fiJMotorola, Inc. :?O05.

Tolal storage capacity is limitei,l by number of songs. Storage capacity is approximate and based on tour minutes per song and 12e.Kbps AAC encoding.
Netv"ork and/or SIM card dependent feature, noi.available in an areas. Airtime, data charges, .and/or additional charges may apply.

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3/22/2010