"The Apple iPod iTunes Anti-Trust Litigation"

Filing 753

***ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT NO. 754 *** EXHIBITS re 752 Opposition/Response to Motion, filed byApple Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Proposed Order)(Related document(s) 752 ) (Kiernan, David) (Filed on 1/14/2014) Modified on 1/14/2014 (jlmS, COURT STAFF).

Exhibit 9

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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 ANTI-TRUST

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LITIGATION

No. C-05-0037 YGR

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VIDEOTAPED DEPOSITION OF ROGER G. NOLL

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San Francisco, California

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Thursday, May 16, 2013

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Volume 1

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Reported by:

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JENNIFER L. FURIA, RPR, CSR

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CA License No. 8394

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Job No. 1663538

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Sarnoff, A VERITEXT COMPANY
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on them?
A Yeah, I think -- I think I do. Remember that
at the time I'm doing this I'm base -- I'm -- my mindset
is that I'm believing what's in Fruggia's declaration.
That it's everything. All new products after September. 10:16:06
First of all, he said October, then he changed it to
September.
So my mindset at the time is this is a
distinction without meaning. I now realize it's not
true, all right. That is to say, that what he said
10:16:19
isn't actually correct, so.
But what I asked them to do, I just don't
remember. I -- I do remember believing that every new
product that was brought on the market after September
2006 had 7.0 loaded on it, because that's what was in 10:16:37
Fruggia's deposition.
MR. MITTELSTAEDT: Let's a take a break.
THE VIDEOGRAPHER: This is the end of disc
number one. The time is 10:17 a.m. And we are now
going off the record.
10:16:50
(Recess.)
THE VIDEOGRAPHER: This is the beginning of
disc number two. The time is 10:31 a.m. And we are now
going back on the record.
BY MR. MITTELSTAEDT:
10:31:03

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Q Okay. If you would open the report to Exhibit

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16.1 again, please.
A Okay.
Q And let's go to -- yeah, let's go to actually
16.2. This is on the direct sales.
A Okay.

10:31:30

Q So this is the same approach as 16.1 except

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instead of for the resellers, it's for the direct

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sales?
A That's correct.

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Q Where did the average price come from? How

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did -- how did you derive that?
A It's just -- just derived from taking the

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average of all the transactions of that product during

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the -- during the damage period.

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variable, what you'd get is a change in the coefficient

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on Harmony and on 4.7, but that -- that's not relevant

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for what we're interested in in the damages period.

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But we don't care about 4.7 anymore, the -- so, you

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know -- yes, if we were trying to estimate damages for

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4.7 then it would be worthwhile to do that, but given

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that it's no longer in the case it's not worthwhile.

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coefficient for 4.7 if you included a variable for the

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Harmony relaunch?

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larger and then Harmony relaunch to offset some of it,

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so I would expect that the net effect of 4.7 will be

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larger during the first period than during the second

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period.

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10:45:48

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Q Did you ever ask Econ, Inc. to run this with
Harmony relaunch as a variable?

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A No. It's pointless. It would not change the
results we're interested in.
Q Well, would it change the coefficient on
Harmony blocked?
A It would if -- if we cared about 4.7 it would. 10:48:00

Q Okay. What would you expect to happen to the 10:48:19

A I'd expect the coefficient for 4.7 to be
10:48:36

Q By second period what do you mean?
A After the Harmony relaunch. In March of 2005
or whenever it was.

10:48:48

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Q So you would expect the coefficient for 4.7 to

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Q Okay. While we're still on 13.2 or if you'd

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reopen 13.2. I just want to walk down the variables.

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be lower if you add a variable for the Harmony relaunch

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For Harmony when did you turn on -- what date is the

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Harmony variable turned on?

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than if you didn't?
A Well, it depends on how you -- it would depend

A The day -- the date that it's released, which

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on how you specified it. The coefficient for 4.7, are

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is, you know, July -- sometime in July or August of

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you going to turn it on or turn it -- are you going to

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2004. I don't remember the exact date.

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leave it on or turn it off with the Harmony relaunch.

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blocked. What date is that turned on?
A That's the -- the date of 4.7, which is fall

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If you keep 4.7 on during the entire period

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Q Okay. And then the next variable is Harmony

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between its initial launch until the launch of 7.0, and

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then you add a Harmony relaunch, the coefficient for 4.7 10:49:24

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of 2000 -- wait a minute. No, wait a minute. When is

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is going to be the same during the whole period, but

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it? I -- I can't remember. It's the date at which 4.7

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then you're going to subtract something off of that that

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is released and I can't remember. It's in the report.

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would be the coefficient on Harmony, so the net effect

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A few months later, a few months after the Harmony is

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of 4.7 would be less after Harmony was relaunched than

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released.

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before.

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Q At an earlier deposition we talked about the

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Q But why would you leave 4.7 variable on after

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Harmony is relaunched?
A Because 4.7 is still the operating system and

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relaunch of Harmony.

you would test the hypothesis whether the Harmony

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A Right.

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Q Did you consider for this regression having a

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variable for the relaunch of Harmony which was early

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2005?

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A You know, I didn't -- I didn't bother, because

relaunch completely offset it or not.

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Q But why would you expect -- what would be the

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circumstance in which you would expect 4.7 to continue

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by the time we get to this the 4.7 issue is out of the

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to have an impact on iPod prices after Harmony is

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case, so I didn't bother.

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relaunched and anybody who wants to can use it?
A Because the -- the issue that's going on in
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If you -- if you stuck in the relaunch

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877-955-3855