Hovsepian v. Apple, Inc.

Filing 188

Hovsepian v. Apple, Inc.

Doc. 188

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TOWNSEND AND TOWNSEND AND CREW LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) MEHRNAZ BOROUMAND SMITH (State Bar No. 197271) MEGAN M. CHUNG (State Bar No. 232044) J. JEB B. OBLAK (State Bar No. 241384) Two Embarcadero Center Eighth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] O'MELVENY & MYERS LLP GEORGE RILEY (State Bar No. 118304) Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff and Counterdefendant APPLE INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

APPLE INC., Plaintiff, v. PSYSTAR CORPORATION, a Florida corporation, Defendant. AND RELATED COUNTERCLAIMS.

Case No. 08-3251 WHA REPLY DECLARATION OF J. JEB B. OBLAK IN SUPPORT OF APPLE INC'S MOTION TO SEAL PORTIONS OF ITS MOTION FOR SUMMARY JUDGMENT ON COPYRIGHT INFRINGEMENT, DMCA VIOLATIONS AND PSYSTAR'S AFFIRMATIVE DEFENSES Judge: Trial Date: Hon. William H. Alsup January 11, 2010

I, J. Jeb B. Oblak, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am admitted

to practice before this Court. I am an associate in the law firm of Townsend and Townsend and

CERTIFICATE OF SERVICE, CASE NO. 08-3251 WHA

Dockets.Justia.com

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Crew LLP, and am one of the attorneys representing Plaintiff and Counterdefendant Apple Inc. ("Apple") in the above-captioned matter. I make this declaration on personal knowledge and if called as a witness could and would competently testify with respect to the matters stated herein. 2. Attached hereto as Exhibit A is a true and correct copy of a document entitled

Application to Seal Highly Confidential Versions of (1) Notice of Motion and Motion of Studio Plaintiffs' for Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof; (2) Declaration of Mark Hollar; (3) Declaration of Robert Schuman (4) Declaration of Jeffrey S. Miller; and (5) Declaration of Jonathan H. Blavin, filed on March 19, 2009, in Case No. C-084548 MHP, Docket Entry 200. I downloaded this document from PACER. 3. Attached hereto as Exhibit B is a true and correct copy of a document entitled Joint

Application to Seal Exhibits Admitted During Preliminary Injunction Hearing, filed on June 5, 2009, in Case No. C 08-4548 MHP, Docket Entry No. 417. I downloaded this document from PACER. 4. Attached hereto as Exhibit C is a true and correct copy of a document entitled

Order Granting Application to Seal Highly Confidential Versions of (1) Notice Of Motion And Motion Of Studio Plaintiffs' For Preliminary Injunction; Memorandum Of Points And Authorities In Support Thereof; (2) Declaration Of Mark Hollar; (3) Declaration Of Robert Schumann; (4) Declaration Of Jeffrey S. Miller; And (5) Declaration Of Jonathan H. Blavin, filed on March 25, 2009, in Case No. C 08-4548 MHP, Docket Entry No. 232. This document was downloaded from PACER. 4. Attached hereto as Exhibit D is a true and correct copy of a document entitled

Order Granting Application to Seal Exhibits Admitted During Preliminary Injunction Hearing, filed on June 11, 2009, in Case No. C 08-4548 MHP, Docket Entry No. 421. This document was downloaded from PACER. 5. Attached hereto as Exhibit E is a true and correct copy of a document entitled

Portions Of The Parties' Briefing Materials That Apple Proposes Should Remain Sealed. I prepared this document. It details those portions of the Apple and Psystar filings that Apple asserts should not be publicly disclosed. -2-

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge and belief. Executed on October 14, 2009, at San Francisco, California. /s/J. Jeb B. Oblak J. Jeb B. Oblak
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