Case 4:20-cv-05640-YGR Document 825 Filed 10/22/21 Page 1 of 4
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`Paul J. Riehle (SBN 115199)
`paul.riehle@faegredrinker.com
`FAEGRE DRINKER BIDDLE & REATH LLP
`Four Embarcadero Center
`San Francisco, California 94111
`Telephone: (415) 591-7500
`Facsimile: (415) 591-7510
`
`Christine A. Varney (pro hac vice)
`cvarney@cravath.com
`Katherine B. Forrest (pro hac vice)
`kforrest@cravath.com
`Gary A. Bornstein (pro hac vice)
`gbornstein@cravath.com
`Yonatan Even (pro hac vice)
`yeven@cravath.com
`Lauren A. Moskowitz (pro hac vice)
`lmoskowitz@cravath.com
`Justin C. Clarke (pro hac vice)
`jcclarke@cravath.com
`M. Brent Byars (pro hac vice)
`mbyars@cravath.com
`CRAVATH, SWAINE & MOORE LLP
`825 Eighth Avenue
`New York, New York 10019
`Telephone: (212) 474-1000
`Facsimile: (212) 474-3700
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`Attorneys for Plaintiff and Counter-defendant Epic Games, 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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`EPIC GAMES, INC.,
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`Plaintiff and Counter-defendant,
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`vs.
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`APPLE INC.,
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`Defendant and Counterclaimant.
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`
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`
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`No. 4:20-CV-05640-YGR-TSH
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`DECLARATION OF M. BRENT BYARS
`IN SUPPORT OF PLAINTIFF
`EPIC GAMES, INC.’S OPPOSITION TO
`DEFENDANT APPLE INC.’S MOTION
`FOR STAY OF INJUNCTION PENDING
`APPEAL
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`Date: Nov. 16, 2021, 2 p.m. (noticed date)
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`Nov. 9, 2021, 2 p.m. (stipulated date
`pending Court approval)
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`Courtroom: 1, 4th Floor
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`Judge: Hon. Yvonne Gonzalez-Rogers
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`DECLARATION OF M. BRENT BYARS
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`CASE NO. 4:20-CV-05640-YGR-TSH
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`Case 4:20-cv-05640-YGR Document 825 Filed 10/22/21 Page 2 of 4
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`I, M. Brent Byars, declare as follows:
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`1.
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`I am an attorney at the law firm of Cravath, Swaine & Moore LLP, and am one of
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`the attorneys representing Epic Games, Inc. (“Epic”) in this action. I am admitted to appear
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`before this Court pro hac vice.
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`2.
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`I submit this declaration in support of Epic’s Opposition to Apple Inc.’s (“Apple”)
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`Motion for Stay of Injunction Pending Appeal. The contents of this declaration are based on my
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`personal knowledge. If called as a witness, I could and would competently testify thereto.
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`3.
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`Attached as Exhibit A is a true and correct copy of an article by Chance Miller,
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`Apple describes Epic Games ruling as a ‘resounding victory’ for the App Store, 9to5Mac
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`(September 10, 2021), https://9to5mac.com/2021/09/10/apple-epic-games-ruling-statement/.
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`4.
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`Attached as Exhibit B is a true and correct copy of an article by Adi Robertson
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`and Zoe Schiffer, Tim Cook tells Apple employees he’s ‘looking forward to moving forward’ after
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`Epic ruling, The Verge (September 17, 2021), https://www.theverge.com/2021/9/17/2
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`2679724/tim-cook-epic-apple-antitrust-ruling-employee-meeting.
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`5.
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`Attached as Exhibit C is a true and correct copy of a letter written by
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`Gary A. Bornstein to Mark A. Perry dated September 14, 2021, with two redactions concerning
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`sensitive information. The redactions that appear in this exhibit conceal solely Apple’s bank
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`account and routing numbers.
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`6.
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`Attached as Exhibit D is a true and correct copy of a letter written by
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`Gary A. Bornstein to Mark A. Perry dated September 12, 2021.
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`7.
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`Attached as Exhibit E is a true and correct copy of an article written by Juli
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`Clover, Epic Games Asks Apple to Restore Fortnite in South Korea Following Ban on In-App
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`Purchase Requirement, MacRumors (September 9, 2021), https://www.macrumors.com/2
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`021/09/09/epic-games-fortnite-south-korea/.
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`CASE NO. 4:20-CV-05640-YGR-TSH
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`Case 4:20-cv-05640-YGR Document 825 Filed 10/22/21 Page 3 of 4
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`8.
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`Attached as Exhibit F is a collection of true and correct screenshots of the App
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`Store pages for PlayerUnknown’s Battlegrounds (“PUBG”), Mortal Kombat and Hello Neighbor,
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`which show in-app purchase options. The table below lists the respective page numbers for each
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`in the Exhibit. The screenshots were taken on October 18, 2021 and October 19, 2021.
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`App
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`PUBG
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`Mortal Kombat
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`Hello Neighbor
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`Exhibit Pages
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`1-2
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`3-4
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`5-6
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`9.
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`Attached as Exhibit G is an article by Chance Ivey, Hello Neighbor Mod Kit
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`Released, Mod Contest Announced, Unreal Engine (October 6, 2017), https://www.unrealengine
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`.com/en-US/blog/hello-neighbor-mod-kit-released-mod-contest-announced.
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`10.
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`Attached as Exhibit H is a collection of true and correct screenshots of the App
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`Store pages for Unreal Remote, Unreal Remote 2, Unreal Match 3, Action RPG Game Sample,
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`Live Link Face and Live Link VCAM. The table below lists the respective page numbers for each
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`in the Exhibit. The screenshots were taken on October 18, 2021.
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`App
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`Exhibit Pages
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`Unreal Remote
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`Unreal Remote 2
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`Unreal Match 3
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`Action RPG Game
`Sample
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`Live Link Face
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`Live Link VCAM
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`1-2
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`3-4
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`5-6
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`7-8
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`9-10
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`11-12
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`11.
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`Attached as Exhibit I is an article by Kate Park, Epic Games asks Apple to
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`reinstate Fortnite in South Korea after new law, TechCrunch (September 9, 2021), https:/
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`/techcrunch.com/2021/09/09/epic-games-asks-apple-to-reinstate-fortnite-in-south-korea-after-
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`new-law/.
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`12.
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`Attached as Exhibit J is an article by Michael Potuck, Spotify happy with Epic vs.
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`Apple ruling but says more Apple legislation is ‘urgent’, 9to5Mac (September 10, 2021),
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`https://9to5mac.com/2021/09/10/spotify-happy-epic-vs-apple-ruling-wants-more-apple-
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`legislation/.
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`DECLARATION OF M. BRENT BYARS
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`Case 4:20-cv-05640-YGR Document 825 Filed 10/22/21 Page 4 of 4
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`13.
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`Attached as Exhibit K is a collection of tweets from Zach Shakked
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`(@zachshakked) dated September 11, 2021, https://twitter.com/zachshakked/status/14367932
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`58471051264, and from Denys Zhadanov (@DenZhadanov) dated September 10, 2021,
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`https://twitter.com/DenZhadanov/status/1436462992028311584.
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`14.
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`Attached as Exhibit L is an article by Joyce Lee, S. Korea targets Apple over new
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`app store regulation, Reuters (October 15, 2021), https://www.reuters.com/technology/skorea-
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`targets-apple-over-new-app-store-regulation-2021-10-15/.
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`Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
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`and correct and that I executed this declaration on October 22, 2021 in New York, New York.
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`/s/ M. Brent Byars
`M. Brent Byars
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`DECLARATION OF M. BRENT BYARS
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`CASE NO. 4:20-CV-05640-YGR-TSH
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