"The Apple iPod iTunes Anti-Trust Litigation"

Filing 762

Administrative Motion to File Under Seal Apple's Reply Brief in Support of Motion for Summary Judgment 740 filed by Apple Inc.. (Attachments: # 1 Proposed Order, # 2 Declaration of David C. Kiernan in Support of Apple's Admin. Motion to Seal, # 3 Exhibit Exhibits 1-5 to David C. Kiernan Declaration, # 4 REDACTED Reply in Support of Apple's Motion for Summary Judgment, # 5 UNREDACTED Reply in Support of Apple's Motion for Summary Judgment)(Kiernan, David) (Filed on 1/31/2014)

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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 REPLY BRIEF IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT
AND TO EXCLUDE EXPERT
TESTIMONY OF ROGER G. NOLL

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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 Reply Brief in Support of Motion for Summary Judgment and to Exclude Expert

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Testimony of Roger G. Noll. The facts stated in this declaration are true and based upon my own

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

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2.

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

tailored to protect Apple's confidential business information. Portions of Apple’s reply brief
SFI-850744v1

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

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contain highly confidential and commercially sensitive business information, including

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confidential details of Apple’s FairPlay digital rights management (DRM) technology and

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updates to that technology; inquiries Apple received from customers that reflect personal

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information of the customers and confidential and proprietary information regarding how Apple

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responds to such inquiries; iPod and iTunes Store sales and market research; decisions by Apple

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employees regarding Apple's business strategy; and confidential pricing policies and transaction

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data relating to the sale of Apple products. Apple disclosed this information pursuant to the

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

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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,

e.g., ECF Nos. 184, 247, 291, 336, 340, 353, 422, 527.

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4.

Further, the reply brief summarizes, paraphrases, or otherwise references, among

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other things, the expert reports in this matter. Each of these reports, and the depositions of the

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experts regarding the reports, is reference the highly confidential information identified above,

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that was disclosed pursuant to the Protective Order in this case. The expert materials, and

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discussions thereof contained in the parties’ written memoranda of points and authorities are the

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subject of currently pending administrative motions to seal. See ECF Nos. 737, 740, 751, 754,

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758.

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5.

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

filed January 22, 2010, ECF No. 318.
6.

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

Robbin filed January 22, 2010, ECF No. 328.
7.

Attached as Exhibit 3 is a true and correct copy of the Declaration of Eddy Cue

filed December 23, 2010, ECF No. 409.
8.

Attached as Exhibit 4 is a true and correct copy of the Declaration of Mark

Buckley filed January 13, 2011, ECF No. 454.
9.
SFI-850744v1

Attached as Exhibit 5 is a true and correct copy of the Declaration of Mark
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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR

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Buckley filed January 24, 2011, ECF No. 492.
Executed this 31st day of January, 2014 in San Francisco, California.

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/s/David C. Kiernan
David C. Kiernan

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SFI-850744v1

-3-

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