"The Apple iPod iTunes Anti-Trust Litigation"

Filing 754

Administrative Motion to File Under Seal Opposition to Plaintiffs' Daubert Motion 737 filed by Apple Inc.. (Attachments: # 1 Declaration of Kiernan ISO Admin Motion to Seal, # 2 Exhibit 1 of Kiernan ISO Admin Motion to Seal, # 3 Exhibit 2 of Kiernan ISO Admin Motion to Seal, # 4 Proposed Order Granting Motion to Seal, # 5 Apple's Opp to Pls' Daubert Motion (Redacted), # 6 Apple's Opp to Pls' Daubert Motion, # 7 Declaration of Kiernan ISO Apple's Opp to Pls' Daubert Motion, # 8 Exhibit 1-4 (Redacted), # 9 Exhibit 5-12 (Redacted), # 10 Exhibit 1-2, 6, 9-11, # 11 Proposed Order Denying Plfs' Daubert Motion)(Kiernan, David) (Filed on 1/14/2014)

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Robert A. Mittelstaedt (State Bar No. 060359)
[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:
[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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OAKLAND DIVISION

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THE APPLE IPOD ITUNES ANTITRUST LITIGATION

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

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DECLARATION OF DAVID C.
KIERNAN IN SUPPORT OF
APPLE’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

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Kiernan Decl. in Support of Admin Mot. to Seal
C-05-0037-YGR

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I, David C. Kiernan, declare as follows:
I am a partner in the law firm of Jones Day, located at 555 California Street, 26th Floor,

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1.

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San Francisco, CA 94104. I submit this declaration in support of Apple’s Administrative Motion

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to File Under Seal portions of its Opposition to Plaintiffs’ Daubert Motion to Exclude Certain

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Opinion Testimony of Kevin M. Murphy and Robert H. Topel and portions of Exhibits 1, 2, 6, 9

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and 11 and Exhibit 10 to the Declaration of David Kiernan filed in support of Apple’s opposition

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brief. The facts stated in this declaration are true and based upon my own personal knowledge,

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and if called to testify to them, I would competently do so.

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The relief requested in Apple’s Administrative Motion is necessary and narrowly tailored

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to protect Apple’s confidential business and pricing information. Apple’s opposition brief and

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the exhibits filed in support thereof, contain highly confidential information regarding iPod

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pricing strategy and information regarding iPods sales transactions.

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3.

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thereof, (Dr. Kevin M. Murphy (Exhibit 1), Dr. Robert H. Topel (Exhibit 2), Dr. Roger G. Noll

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(Exhibits 6 and 9) and Dr. Jeffrey M. Wooldridge (Exhibit 11)) quote, paraphrase, reference

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and/or otherwise relate to confidential pricing and sales transaction data, including but not limited

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to, the Price Committee document (Exhibits 10) that were designated by Apple as

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“Confidential—Attorneys Eyes Only” pursuant to the Stipulation and Protective Order Regarding

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Confidential Information (“Protective Order”) entered June 13, 2007 (ECF No. 112). As

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demonstrated in the attached declarations, each of which were previously submitted in connection

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with various other motions to seal similar data and documents during the pendency of this

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litigation, the disclosure of this information would harm Apple.

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4.

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Support of Apple’s Response to Plaintiffs’ Motion to File Under Seal Portions of Plaintiffs’

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Renewed Motion for Class Certification filed January 25, 2011, ECF No. 492.

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5.

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Support of Apple’s Response to Plaintiffs’ Under Seal Portions of Plaintiffs’ Motion Regarding

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Schedule for Class Certification filed January 14, 2011, ECF No. 454.

Specifically, Apple’s opposition brief and the deposition testimony filed in support

Attached as Exhibit 1 is a true and correct copy of the Declaration of Mark Buckley in

Attached as Exhibit 2 is a true and correct copy of the Declaration of Mark Buckley in

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Kiernan Decl. in Support of Admin. Mot. to Seal
C-05-0037-YGR

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I declare under penalty of perjury under the laws of the United States of America, that the

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foregoing is true and correct. Executed this 13th day of January, 2014 in San Francisco,

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California.

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/s/ David C. Kiernan
David C. Kiernan

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SFI-848502v1

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Kiernan Decl. in Support of Admin. Mot. to Seal
C-05-0037-YGR