"The Apple iPod iTunes Anti-Trust Litigation"

Filing 645

REDACTION Declaration of Bonny E. Sweeney in Support of Plaintiffs' Response to the Court's June 22, 2011 Order Requiring Further Supplemental Briefing by Melanie Tucker. (Attachments: # 1 Exhibit A-D)(Sweeney, Bonny) (Filed on 6/23/2011)

EXHIBIT A

EXHIBIT A
Class Definition
All persons or entities, including resellers, in the United States (excluding federal,
state and local governmental entities, Apple, its directors, officers and members of
their families) who purchased an iPod, directly from Apple by way of Apple’s U.S.
retail stores, U.S. online portal or through Apple’s U.S. reseller channel between
September 12, 2006 and March 31, 2009 (“Class Period”). The specific models of
iPods covered by the Class Definition are listed below as follows:
I.

iPod Standard, Classic, Special Models
iPod (5th generation) 30 GB
iPod (5th generation) 80 GB
iPod U2 Special Edition 30 GB
iPod Classic 120 GB
iPod Classic 80 GB
iPod Classic 160 GB
iPod (5th generation) 60 GB (Apple shipped thousands of the iPod (5th generation) 60 GB

models during the Class Period even though the product was discontinued in September 2006
according to reseller transaction data. Those iPod (5th generation) 60 GB models purchased
between September 12, 2006 and March 31, 2009 are included in the Class Definition.)
II.

iPod shuffle Models
iPod shuffle (2nd generation) 1 GB
iPod shuffle (2nd generation) 2 GB
iPod shuffle (3rd generation) 4 GB
iPod shuffle (1st generation) 1 GB (Apple shipped thousands of the iPod shuffle (1st

generation) 1 GB models during the Class Period even though the product was discontinued in
September 2006 according to reseller transaction data. Those iPod shuffle (1st generation) 1 GB

--1-633187_1

models purchased between September 12, 2006 and March 31, 2009 are included in the Class
Definition.)
iPod shuffle 512 MB (Apple shipped thousands of the iPod shuffle 512 MB models during
the Class Period even though the product was discontinued in September 2006 according to reseller
transaction data. Those iPod shuffle 512 MB models purchased between September 12, 2006 and
March 31, 2009 are included in the Class Definition.)
III.

iPod touch Models
iPod touch 8 GB
iPod touch 16 GB
iPod touch 32 GB
iPod touch (2nd generation) 8 GB
iPod touch (2nd generation) 16 GB
iPod touch (2nd generation) 32 GB

IV.

iPod nano Models
iPod nano (2nd generation) 2 GB
iPod nano (2nd generation) 4 GB
iPod nano (2nd generation) 8 GB
iPod nano (3rd generation) 4 GB
iPod nano (3rd generation) 8 GB
iPod nano (4th generation) 4 GB (Apple retail sales only during the class period.)
iPod nano (4th generation) 8 GB
iPod nano (4th generation) 16 GB
iPod nano (1st generation) 1 GB (Apple shipped thousands of the iPod nano (1st

generation) 1 GB models during the Class Period even though the product was discontinued in
--2-633187_1

September 2006 according to reseller transaction data. Those iPod nano (1st generation) 1 GB
models purchased after September 12, 2006 are included in the Class Definition.)
iPod nano (1st generation) 2 GB (Apple shipped thousands of the iPod nano (1st
generation) 2 GB models during the Class Period even though the product was discontinued in
September 2006 according to reseller transaction data. Those iPod nano (1st generation) 2 GB
models purchased after September 12, 2006 are included in the Class Definition.)
iPod nano (1st generation) 4GB (Apple shipped thousands of the iPod nano (1st generation)
4 GB models during the Class Period even though the product was discontinued in September 2006
according to reseller transaction data. Those iPod nano (1st generation) 4 GB models purchased
after September 12, 2006 are included in the Class Definition.)

Sources:
Apple.com Identifying iPod models - http://support.apple.com/kb/HT1353; see also
Apple_AIIA_B_000796 – 001493 (Apple Direct Purchase Resellers Confidential Price Lists for the
relevant period); and Apple reseller transaction data, produced January 2011.

--3-633187_1

EXHIBIT B-D
[Filed Under Seal]