"The Apple iPod iTunes Anti-Trust Litigation"

Filing 770

RESPONSE (re 767 Administrative Motion to File Under Seal Portions of Plaintiffs Reply Memorandum in Support of Motion to Strike the Supplemental Report of Kevin M. Murphy and Robert H. Topel, dated December 20, 2013 ) 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 1-4 to Kiernan Decl ISO Apple's Response)(Kiernan, David) (Filed on 2/6/2014)

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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 RESPONSE TO PLAINTIFFS’
ADMINISTRATIVE MOTION TO SEAL
(ECF NO. 767)

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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 Response to

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

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of Plaintiffs’ Motion to the Supplemental Report of Kevin M. Murphy and Robert H. Topel Dated

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December 20, 2013 (ECF No. 767). The facts stated in this declaration are true and based upon

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

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2.

The relief requested in Plaintiffs’ Administrative Motion is necessary and

narrowly tailored to protect Apple's confidential business information. Portions of Plaintiffs’
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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR

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reply memorandum contain confidential and commercially sensitive business information relating

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to Apple’s pricing decisions, alleged overcharges for Apple iPods and Apple’s proprietary

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technology. Apple disclosed this information pursuant to the Protective Order in this case, keeps

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such information highly confidential, and does not disclose it to the public. As demonstrated in

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the attached declarations, the disclosure of this information 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.
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.
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Attached as Exhibit 3 is a true and correct copy of the Declaration of Eddy Cue

filed December 23, 2010, ECF No. 409
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Attached as Exhibit 4 is a true and correct copy of the Declaration of Jeffrey

Robbin filed January 22, 2010, ECF No. 328.
Executed this 6th day of February, 2014 in San Francisco, California.

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/s/ David C. Kiernan
David C. Kiernan

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SFI-852362v1

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