`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`Before The Honorable Theodore R. Essex
`Administrative Law Judge
`
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`In the Matter of
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`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
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`
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`Investigation No. 337-TA-750
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`DECLARATION JUSTIFYING THE CONFIDENTIALITY OF EXHIBITS
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`I, Christopher T. Marando, declare:
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`1.
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`I am an associate with Weil, Gotshal & Manges LLP, and counsel of record for
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`Apple Inc. (“Apple”) in the above captioned Investigation. If called upon as a witness, I could
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`competently testify to the truth of each statement herein.
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`2.
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`The statements contained in this declaration are based on my personal knowledge
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`and information supplied by Apple regarding the nature of the confidentiality of the information
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`submitted in this case. Pursuant to Ground Rule 9.2, I submit this declaration on behalf of Apple
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`to justify the designation of confidentiality pertaining to Apple’s information.
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`3.
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`Exhibit CX-357, which was not previously designated as confidential, discloses
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`confidential business information (as defined in Commission Rule 201.6(a)) concerning an
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`Apple contractual relationship. Accordingly, Apple has revised the description of this exhibit to
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`CX-357C. The revised exhibit list entry is attached as Exhibit A.
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`4.
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`To the best of my knowledge, such information is not disclosed to the public in
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`form or substance, not readily ascertainable by others from public sources, and of current and
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`future significant commercial value. The public disclosure of such information is likely to cause
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`harm to the competitive position of Apple.
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`I declare under penalty of perjury of the laws of the United States that the foregoing is
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`true and correct to the best of my knowledge and belief.
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`Executed on September 21, 2011, at Washington, District of Columbia.
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` /s/ Christopher T. Marando
`Christopher T. Marando
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` 2
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`EXHIBIT A
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`EXHIBIT A
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`Exhibits Containing Apple CBI
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`Exhibit No.
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`Description from Exhibit List
`
`Beginning Bates
`No.
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`Ending Bates No. Sponsoring Witness
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`Purpose
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`Status
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`CX-357C
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`Stock Purchase Agreement by and between Apple Computer, Inc.
`and International Business Machines Corporation (IBM)
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`750-Apple0023980 750-Apple0024046
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`Teksler
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`Standing
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`Explanation of
`Confidentiality
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`Confidential Apple
`contractual agreement
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing was served on September 21, 2011 as indicated, on
`the following:
`
`
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`Via EDIS
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`The Honorable James R. Holbein
`
`Via Hand Delivegg (2 cogiesl
`The Honorable Theodore R. Essex
`
`Secretary
`US. International Trade Commission
`
`Office of the Administrative Law Judge
`US. International Trade Commission
`
`500 E Street SW, Room 112
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`500 E Street SW, Room 317
`Washington, DC. 20436
`Washington, DC. 20436
`
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`l‘Via Email
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`Lisa Kattan
`
`Office of Unfair Import Investigations
`US. International Trade Commission
`
`500 E Street, S.W., Room 401
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`Via Email and Hand-Delivegg
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`Charles F. Schill
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`STEPTOE & JOHNSON LLP
`
`1330 Connecticut Avenue, NW.
`Washington, DC 20036
`motorola750@steptoe.com
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`Washington, DC. 20436
`lisa.kattan@usitc.gov
`
`
`Via Email
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`Charles K. Verhoeven
`
`Via Email
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`Robert T. Haslam
`
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Floor
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`San Francisco, CA 94111
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`Covington & Burling LLP
`333 Twin Dolphin Drive, Suite 700
`Redwood Shores, CA 94065-1418
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`David A. Nelson
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`Quinn Emanuel Urquhart & Sullivan LLP
`500 West Madison Street, Ste. 2450
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`Chicago, IL 6066]
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`Edward J. DeFranco
`
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
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`Robert D. Fram
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`Covington & Burling LLP
`One Front Street
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`San Francisco, CA 9411 10
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`AppleCov@cov.com
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`Moto—Apple-750@quinnemanuel.com
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`
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`Paralegal
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