"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)

Exhibit 1

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.

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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. 475, "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 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'

--

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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SFI-659999vl

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