"The Apple iPod iTunes Anti-Trust Litigation"

Filing 758

Administrative Motion to File Under Seal Apple's Opposition to Plaintiffs' Motion to Strike 750 filed by Apple Inc.. (Attachments: # 1 Proposed Order Granting Motion to Seal, # 2 Declaration of David Kiernan in Support of Motion to Seal, # 3 Exhibit 1 - 2 to Kiernan Declaration in Support of Motion to Seal, # 4 Opposition to Plaintiffs' Motion to Strike (ECF No. 750) REDACTED, # 5 Opposition to Plaintiffs' Motion to Strike (ECF No. 750) UNREDACTED, # 6 Declaration of Kiernan in Support of Apple's Opposition, # 7 Exhibit 1 to Kiernan Declaration in Support of Apple's Opposition REDACTED, # 8 Exhibit 1 to Kiernan Declaration in Support of Apple's Opposition UNREDACTED, # 9 Proposed Order Denying Plaintiffs' Motion to Strike)(Kiernan, David) (Filed on 1/27/2014)

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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:
[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 ANTI-TRUST
LITIGATION.

Case No. C 05-00037 YGR
[CLASS ACTION]

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DECLARATION OF DAVID C.
KIERNAN IN SUPPORT OF APPLE
INC.’S ADMINISTRATIVE MOTION TO
SEAL ITS OPPOSITION BRIEF AND
EXHIBITS TO PLAINTIFFS’ MOTION
TO STRIKE (ECF NO. 750)

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1.

I am a partner in the law firm of Jones Day, located at 555 California Street, 26th

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

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Motion to Seal its Brief and Exhibits filed in Opposition to Plaintiffs’ Motion to Strike the

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Supplemental Report of Kevin Murphy and Robert Topel (ECF No. 750). The facts stated in this

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declaration are true and based upon my own personal knowledge, and if called to testify to them, I

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would competently do so.

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2.
SFI-851019v1

The relief requested in Apple’s Administrative Motion is necessary and narrowly
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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR

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tailored to protect Apple’s confidential business information. Portions of Apple’s opposition

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brief summarize, paraphrase, or otherwise relate to the expert reports filed, and expert depositions

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taken, in this matter. These expert materials contain highly confidential and commercially

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sensitive business information, including, among other things, confidential details of iPod and

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iTunes Store sales and market research and details of Apple’s FairPlay digital rights management

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technology (as well as updates to that technology). Apple disclosed this information pursuant to

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the Protective Order in this case, keeps this information highly confidential, and does not disclose

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it to the public. As demonstrated in the attached declarations, the disclosure of this information

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would harm Apple.

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3.

Motions to seal similar information have been granted previously in this case. See,

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e.g., ECF Nos. 184, 247, 291, 336, 340, 353, 422, 527. Further, the expert reports discussed in

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Apple’s opposition brief are the subject of currently pending motions to seal. See ECF Nos. 740

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and 751.

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4.

Attached as Exhibit 1 is a true and correct copy of the Declaration of Eddy Cue

filed January 22, 2010, ECF No. 318.
5.

Attached as Exhibit 2 is a true and correct copy of the Declaration of Jeffrey

Robbin filed January 22, 2010, ECF No. 328.
Executed this 27th day of January, 2014 in San Francisco, California.

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/s/David C. Kiernan
David C. Kiernan

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SFI-851019v1

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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR