"The Apple iPod iTunes Anti-Trust Litigation"

Filing 739

Declaration of Amir Amiri in Support of 738 Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll [REDACTED], filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 12)(Related document(s) 738 ) (Amiri, Amir) (Filed on 12/21/2013) Modified on 12/23/2013 (jlmS, COURT STAFF).

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Robert A. Mittelstaedt (State Bar No. 60359)
[e-mail]
Craig E. Stewart (State Bar No. 129530)
[e-mail]
David C. Kiernan (State Bar No. 215335)
[e-mail]
Amir Q. Amiri (State Bar No. 271224)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
+1.415.626.3939
Facsimile:
+1.415.875.5700
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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THE APPLE IPOD ITUNES ANTITRUST LITIGATION

Case No. C-05-0037 YGR
[CLASS ACTION]

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DECLARATION OF AMIR AMIRI IN
SUPPORT OF APPLE’S MOTION TO
EXCLUDE EXPERT TESTIMONY
OF ROGER F. NOLL AND FOR
SUMMARY JUDGMENT

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I, Amir Q. Amiri, declare as follows:
1.

I am an associate in the law firm of Jones Day, located at 555 California Street,

26th Floor, San Francisco, CA 94104. I am a member in good standing of the State Bar of
California and represent Apple Inc. in this case. I make this declaration in support of Apple’s
Motion to Exclude Expert Testimony of Roger G. Noll and for Summary Judgment. I have
personal knowledge of the facts set forth herein.

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Amiri Decl. C-05-0037 YGR

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2.

Attached hereto as Exhibit 1 is a true and correct copy of Thomas O. Barnett,

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Interoperability between Antitrust and Intellectual Property, Sept. 13, 2006,

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http://www.usdoj.gov/atr/public/speeches/218316.htm, printed on December 16, 2013.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of Peter Lewis, Product of

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the Year Apple iTunes Music Store, Dec. 22, 2003, http://money.cnn.com/magazines/fortune/

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fortune_archive/2003/12/22/356108/, printed on December 16, 2013.

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4.

Attached as Exhibit 3 is a true and correct copy of the Expert Report of Kevin M.

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Murphy, Ph.D., with revised exhibits, dated August 19, 2013. Dr. Murphy is Apple’s retained

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expert in this matter. This document is maintained by Jones Day in its files in the ordinary course

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of business.
5.

Attached as Exhibit 4 is a true and correct copy of the Expert Report of Robert H.

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Topel, Ph.D., with revised exhibits, dated August 19, 2013. Dr. Topel is Apple’s retained expert

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in this matter. This document is maintained by Jones Day in its files in the ordinary course of

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business.

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6.

Attached as Exhibit 5 is a true and correct copy of the Expert Report of John P.J.

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Kelly, Ph.D., dated July 19, 2013. Dr. Kelly is Apple’s retained expert in this matter. This

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document is maintained by Jones Day in its files in the ordinary course of business.

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7.

Attached as Exhibit 6 is a true and correct copy of the Declaration of Roger G.

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Noll, Ph.D. on Liability and Damages, served April 3, 2013. This document is maintained by

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Jones Day in its files in the ordinary course of business.

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8.

Attached as Exhibit 7 is a true and correct copy of the Corrections to Declaration

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of Roger G. Noll, Ph.D. on Liability and Damages, served May 31, 2013. This document is

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maintained by Jones Day in its files in the ordinary course of business.

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9.

Attached as Exhibit 8 is a true and correct copy of the Rebuttal Declaration of

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Roger G. Noll, Ph.D. on Liability and Damages, served November 25, 2013. This document is

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maintained by Jones Day in its files in the ordinary course of business.

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Amiri Decl. C-05-0037 YGR

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10.

Attached as Exhibit 9 is a true and correct copy of portions of the transcript of the

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deposition of Roger G. Noll, Ph.D. conducted April 7, 2011. The full transcript is maintained by

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Jones Day in its files in the ordinary course of business.

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Attached as Exhibit 10 is a true and correct copy of portions of the transcript of

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the deposition of Roger G. Noll, Ph.D. conducted May 16, 2013. The full transcript is maintained

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by Jones Day in its files in the ordinary course of business.

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12.

Attached as Exhibit 11 is a true and correct copy of portions of the transcript of

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the deposition of Roger G. Noll, Ph.D. conducted December 18, 2013. The full transcript is

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maintained by Jones Day in its files in the ordinary course of business.

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13.

Attached hereto as Exhibit 12 is a true and correct copy of Apple Press Release,

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Apple Announces iTunes 7 with Amazing New Features, Sept. 12, 2006, http://www.apple.com/

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pr/library/2006/09/12Apple-Announces-iTunes-7-with-Amazing-New-Features.html, printed on

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December 18, 2013.

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14.

Attached as Exhibit 13 is a true and correct copy of portions of the transcript of

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the deposition of Arthur Rangel conducted December 17, 2010. The full transcript is maintained

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by Jones Day in its files in the ordinary course of business.

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15.

Attached as Exhibit 14 is a true and correct copy of the Reply Report of Kevin M.

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Murphy & Robert H. Topel, dated December 20, 2013. This document is maintained by Jones

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Day in its files in the ordinary course of business.

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16.

Attached as Exhibits 15, 16, and 17 are true and correct copies of Apple’s Price

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Committee documents, Bates stamped Apple_AIIA_B_000150, Apple_AIIA00979463, and

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Apple_AIIA01276016, respectively. These documents were produced to plaintiffs during the

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course of this litigation and are maintained by Jones Day in its files in the ordinary course of

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business.

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Attached as Exhibit 18 is a true and correct copy of portions of the transcript of

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the deposition of Mark Donnelly conducted December 20, 2010. The full transcript is maintained

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by Jones Day in its files in the ordinary course of business.

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Amiri Decl. C-05-0037 YGR

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Attached as Exhibits 19 is a true and correct copy of the iTunes 7.0 PPR, Bates

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stamped Apple_AIIA00231322. This document was produced to plaintiffs during the course of

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this litigation and is maintained by Jones Day in its files in the ordinary course of business.

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Executed this 20th day of December, 2013 in San Francisco, CA.
SFI-846660v2

/S/ Amir Q. Amiri
Amir Q. Amiri

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Amiri Decl. C-05-0037 YGR