"The Apple iPod iTunes Anti-Trust Litigation"

Filing 746

Declaration of Amir Amiri in Support of 745 Response to Administrative Motion to File Under Seal 737 , filed by Apple Inc.. (Attachments: # 1 Exhibit A: Exhibits 1-2 to Amiri Declaration)(Related document(s) 745 ) (Amiri, Amir) (Filed on 12/24/2013) Modified on 12/26/2013 (jlmS, COURT STAFF).

EXHIBIT 1

Case5:05-cv-00037-JW Document454

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Filed01/14/11 Page1 of 2

Robert A. Mittelstaedt #60359
[e-mail]
Craig E. Stewart #129530
[e-mail]
David C. Kiernan #215335
[e-mail]
Michael T. Scott #255282
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
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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SAN JOSE DIVISION

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THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.

Case No. C 05-00037 JW (HRL)

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[CLASS ACTION]

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DECLARATION OF MARK BUCKLEY
IN SUPPORT OF APPLE INC.'S
RESPONSE TO PLAINTIFFS'
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

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I, Mark Buckley, declare as follows:
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1.

I am a Financial Analyst at Apple Inc. ("Apple"). I have held this position since

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August 15,2005. I submit this declaration in support of Apple's Response to Plaintiffs'
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Administrative Motion to File Under Seal (Dkt. 434, "Administrative Motion"). The facts stated
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in this declaration are true and based upon my own personal knowledge, and if called to testify to
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them, I would competently do so.

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2.

The relief requested in the Administrative Motion is necessary and narrowly

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tailored to protect Apple's confidential business information. The redacted portions of pages 5
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Dec!. ISO Apple Ineo's Response to Plaintiffs'
Administrative Motion to Seal
C 05 00037 JW (HRL)

Case5:05-cv-00037-JW Document454

Filed01/14/11 Page2 of 2

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and 6 of Plaintiffs' Motion Regarding Schedule for Class Certification and Depositions (Dkt.

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432) and page 2 of the Bernay Declaration in support thereof (Dkt. 433) contain confidential

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descriptions of data regarding Apple's transactions with iPod resellers that must be kept

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confidential in order to avoid causing substantial harm to Apple.

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3.

Apple's practices are that such infonnation is to be kept highly confidential and

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must not be publicly disclosed. Data regarding Apple's transactions with iPod resellers was

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produced to plaintiffs pursuant to the Stipulation and Protective Order Regarding Confidential

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Infonnation entered June 13,2007 ("Protective Order," Dkt. 112). The public disclosure of this

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highly confidential infonnation would cause substantial harm to Apple.

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I declare under penalty of peIjury under the laws of the United States and the State of
California that the foregoing is true and correct.
Executed this ~ day of January, 2011 in Cupertino, California.

?~~

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Mark Buckley

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SFI-658673vl

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Decl. ISO Apple lnco's Response to Plaintiffs'
Administrative Motion to Seal
C 05 00037 JW (HRL)

EXHIBIT 2

Case5:05-cv-00037-JW Document492

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Filed01/25/11 Page1 of 2

Robert A. Mittelstaedt #60359
[e-mail]
Craig E. Stewart #129530
[e-mail]
David C. Kiernan #215335
[e-mail]
Michael T. Scott #255282
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
APPLE INC.

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN JOSE DIVISION

13

14

THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.

Case No. C 05-00037 JW (HRL)

15

[CLASS ACTION]

16

DECLARATION OF MARK BUCKLEY
IN SUPPORT OF APPLE INC.'S
RESPONSE TO PLAINTIFFS'
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

17
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I, Mark Buckley, declare as follows:
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1.

I am a Financial Analyst at Apple Inc. ("Apple"). I have held this position since

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August 15,2005. I submit this declaration in support of Apple's Response to Plaintiffs'
23
Administrative Motion to File Under Seal (Dkt. 475, "Administrative Motion"). The facts stated
24
in this declaration are true and based upon my own personal knowledge, and if called to testify to
25
them, I would competently do so.
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2.

The relief requested in the Administrative Motion is necessary and narrowly

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tailored to protect Apple's confidential business informa,tion. Plaintiffs' Motion for Class
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- 1-

Decl. ISO Apple Inco's Response to Plaintiffs'
Administrative Motion to Seal
C 05 00037 JW (HRL)

Case5:05-cv-00037-JW Document492

Filed01/25/11 Page2 of 2

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Certification (Dkt. 477) and the Sweeney. (Dkt. 478) and Noll (Dkt. 479) declarations in support

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thereof contain highly confidential information regarding iPod and iTunes Store pricing,

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including pricing strategy and information considered by Apple when setting iPod and iTunes

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Store prices; information regarding costs of manufacturing and selling iPods and costs associated

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with the sale of music through the iTunes Store; and information regarding Apple's margins on

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iPod and iTunes Store sales.

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3.

Apple's practices are that such information is kept highly confidential and is not

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disclosed to the public. This information was produced to plaintiffs pursuant to the Stipulation

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and Protective Order Regarding Confidential Information entered June 13,2007 ("Protective

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Order," Dkt. 112). The public disclosure of information regarding Apple's pricing decisions and

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iPod and iTunes Store costs would put Apple at a business disadvantage.

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I declare under penalty ofpeIjury under the laws of the United States and the State of
California that the foregoing is true and correct.
Executed this

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Z 5'

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day of January, 2011 in Cupertino, California.
....

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VA (r-jL L£;;z:-_.}

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('

Mark Buckley

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77&:7-~-

SFI-659999vl

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Dec!. ISO Apple Inc.'s Response to Plaintiffs'
Administrative Motion to Seal
C 05 00037 JW (HRL)