"The Apple iPod iTunes Anti-Trust Litigation"

Filing 768

RESPONSE (re 763 Administrative Motion to File Under Seal [Plaintiffs' Reply Memorandum in Support of Daubert Motion to Exclude Certain Opinion Testimony of Kevin M. Murphy and Robert H. Topel and Exhibit 1] ) filed byApple Inc.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Administrative Motion to Seal, # 2 Declaration of David C. Kiernan ISO Apple's Response, # 3 Exhibit 1-3 to Kiernan Declaration, # 4 Proposed Redactions to Plaintiffs' Reply Memorandum)(Kiernan, David) (Filed on 2/4/2014)

1
2
3
4
5
6
7
8
9

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.

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

OAKLAND DIVISION

13
14
15

THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.

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

16

DECLARATION OF DAVID C.
KIERNAN IN SUPPORT OF APPLE
INC.’S RESPONSE TO PLAINTIFFS’
ADMINISTRATIVE MOTION TO SEAL
(ECF NO. 763)

17
18
19
20
21

1.

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

22

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

23

Plaintiffs’ Administrative Motion to Seal Plaintiffs’ Reply Memorandum in Support of Plaintiffs’

24

Daubert Motion to Exclude Certain Opinion Testimony of Kevin M. Murphy and Robert H.

25

Topel (ECF No. 763). The facts stated in this declaration are true and based upon my own

26

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

27
28

2.

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

tailored to protect Apple's confidential business information. Portions of Plaintiffs’ Reply brief
-1-

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

1

contain confidential and commercially sensitive business information relating to Apple’s pricing

2

decisions and alleged overcharges for Apple iPods. Apple disclosed information relating to its

3

pricing policies pursuant to the Protective Order in this case, keeps such information highly

4

confidential, and does not disclose it to the public. As demonstrated in the attached declarations,

5

the disclosure of this information would harm Apple.

6
7
8
9
10
11
12
13
14

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.
4.

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

Buckley filed January 24, 2011, ECF No. 492.
5.

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

Buckley filed January 13, 2011, ECF No. 454.
6.

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

filed December 23, 2010, ECF No. 409.
Executed this 4th day of February, 2014 in San Francisco, California.

15
16

/s/ David C. Kiernan
David C. Kiernan

17
18

SFI-852108v1

19
20
21
22
23
24
25
26
27
28
-2-

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