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5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

ALLAN STEYER (Bar No. 100318)

JILL M. MANNING (State Bar No. 178849)

D. SCOTT MACRAE (State Bar No. 104663)

STEYER LOWENTHAL BOODROOKAS 

 ALVAREZ & SMITH LLP

One California Street, Suite 300

San Francisco, CA 94111

Telephone: (415) 424-3400

Facsimile: (415) 421-2234

asteyer@steyerlaw.com

jmanning@steyerlaw.com

smacrae@steyerlaw.com

BRUCE L. SIMON (Bar No. 96241)

DANIEL L. WARSHAW (Bar No. 185365)

ALEXANDER L. SIMON (Bar No. 305734)

PEARSON, SIMON & WARSHAW, LLP

44 Montgomery Street, Suite 2450

San Francisco, California 94104

Telephone: (415) 433-9000

Facsimile: (415) 433-9008

bsimon@pswlaw.com

dwarshaw@pswlaw.com

asimon@pswlaw.com

Counsel for Plaintiffs and 

for the Class 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CHRISTINA GRACE and KEN POTTER 

Individually and on Behalf of All Others 

Similarly Situated,

Plaintiffs,

vs.

APPLE, INC.,

Defendant.

CASE NO. 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING 

IN SUPPORT OF PLAINTIFFS’ 

OPPOSITION TO DEFENDANT APPLE’S 

MOTION FOR SUMMARY JUDGMENT

Date: November 15, 2018

Time: 1:30 p.m.

Court: 8 – 4th Floor

Judge: Honorable Lucy H. Koh

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 1 of 8
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1 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

I, JILL M. MANNING, declare as follows:

1. I am a partner of Steyer Lowenthal Boodrookas Alvarez & Smith. LLP, co-counsel 

for Plaintiffs in this class action against Defendant Apple, Inc. I am admitted to practice before 

this Court, and I am a member in good standing of the bar of the State of California.

2. I submit this declaration in support of Plaintiffs’ Opposition to Defendant Apple’s 

Motion for Summary Judgment. The following statements are based on my personal knowledge 

and review of the files in this case and, if called as a witness, I could and would testify 

competently thereto.

3. Attached hereto as Exhibit 1 is a true and correct copy of a document produced by 

Apple in this matter bearing the bates label APL-GRACE_000000939.

4. Attached hereto as Exhibit 2 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_000000940. 

5. Attached hereto as Exhibit 3 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_000000941. 

6. Attached hereto as Exhibit 4 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_000000942. 

7. Attached hereto as Exhibit 5 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_000000943. 

8. Attached hereto as Exhibit 6 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00102595 – 102602.

9. Attached hereto as Exhibit 7 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00050788 - 50791. 

10. Attached hereto as Exhibit 8 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00000022 - 30. 

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 2 of 8
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2 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

11. Attached hereto as Exhibit 9 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00099793 - 99795. 

12. Attached hereto as Exhibit 10 is a true and correct copy of the March 6, 2014 

Redacted Order in VirnetX Inc. v. Apple Inc., Case No. 6:13-CV-211, Dkt. 53 (E.D. Texas). 

13. Attached hereto as Exhibit 11 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00148220 - 148222. 

14. Attached hereto as Exhibit 12 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00000009 - 10. 

15. Attached hereto as Exhibit 13 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00010198 - 10199. 

16. Attached hereto as Exhibit 14 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00051571 - 51573. 

17. Attached hereto as Exhibit 15 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00042431 - 42432. 

18. Attached hereto as Exhibit 16 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00001004 - 1011. 

19. Attached hereto as Exhibit 17 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00017136 - 1743. 

20. Attached hereto as Exhibit 18 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00099786 - 99787. 

21. Attached hereto as Exhibit 19 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00176067- 176077. 

22. Attached hereto as Exhibit 20 is a true and correct copy of the Expert Report of Dr. 

Mark T. Jones filed August 28, 2018.

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 3 of 8
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3 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

23. Attached hereto as Exhibit 21 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00005636 - 5637. 

24. Attached hereto as Exhibit 22 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00002142 - 2145. 

25. Attached hereto as Exhibit 23 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00002160 - 2164. 

26. Attached hereto as Exhibit 24 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00005860 - 5865. 

27. Attached hereto as Exhibit 25 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00056772 - 56786. 

28. Attached hereto as Exhibit 26 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00056875 - 56889. 

29. Attached hereto as Exhibit 27 is a true and correct copy of the Deposition 

Transcript of the September 26, 2018 Videotaped Deposition of Aviel Rubin. 

30. Attached hereto as Exhibit 28 is a true and correct copy of the Expert Report of 

Aviel Rubin filed on September 18, 2018.

31. Attached hereto as Exhibit 29 is a true and correct copy of the Deposition 

Transcript of the September 24, 2018 Videotaped Deposition of Dr. Mark T. Jones

32. Attached hereto as Exhibit 30 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00004973 - 5090.

33. Attached hereto as Exhibit 31 is a true and correct copy of the Deposition

Transcript of the July 18, 2018 Videotaped Deposition of Gigi Choy Wang.

34. Attached hereto as Exhibit 32 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00005807 - 5812.

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 4 of 8
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4 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

35. Attached hereto as Exhibit 33 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00005801. 

36. Attached hereto as Exhibit 34 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00005804 - 5806. 

37. Attached hereto as Exhibit 35 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00044231 - 44233. 

38. Attached hereto as Exhibit 36 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00007274 - 7277. 

39. Attached hereto as Exhibit 37 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00025224. 

40. Attached hereto as Exhibit 38 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_0024933 - 24938.

41. Attached hereto as Exhibit 39 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00175152 - 175155.

42. Attached hereto as Exhibit 40 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00008120 - 8121. 

43. Attached hereto as Exhibit 41 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00025227. 

44. Attached hereto as Exhibit 42 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00017420 - 17421. 

45. Attached hereto as Exhibit 43 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00044254 - 44269. 

46. Attached hereto as Exhibit 44 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00008039 - 8042. 

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 5 of 8
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5 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

47. Attached hereto as Exhibit 45 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00054991 - 54992. 

48. Attached hereto as Exhibit 46 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00010314 - 10323. 

49. Attached hereto as Exhibit 47 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00034276 - 34279. 

50. Attached hereto as Exhibit 48 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00099488 – 99493.

51. Attached hereto as Exhibit 49 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00164166 - 164170. 

52. Attached hereto as Exhibit 50 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00002942 - 2958. 

53. Attached hereto as Exhibit 51 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00000988 - 993. 

54. Attached hereto as Exhibit 52 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00000994. 

55. Attached hereto as Exhibit 53 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00003737 - 3739. 

56. Attached hereto as Exhibit 54 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE-CCLOG00531466 - 531471.

57. Attached hereto as Exhibit 55 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE-CCLOG00341391 - 341395. 

58. Attached hereto as Exhibit 56 is a true and correct copy of the Deposition 

Transcript of the April 18, 2018 Videotaped Deposition of Dallas De Atley. 

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 6 of 8
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6 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

59. Attached hereto as Exhibit 57 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00003930 - 3947. 

60. Attached hereto as Exhibit 67 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00014721 - 14722. 

61. Attached hereto as Exhibit 59 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00052811. 

62. Attached hereto as Exhibit 60 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00099304 - 99306. 

63. Attached hereto as Exhibit 61 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00015517 - 15519. 

64. Attached hereto as Exhibit 62 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00052567 - 52569. 

65. Attached hereto as Exhibit 63 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00000018 - 19. 

66. Attached hereto as Exhibit 64 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00000015 - 16. 

67. Attached hereto as Exhibit 65 is a true and correct copy of a document produced by 

Akamai, Inc. in this matter bearing the bates label AKAM-0020 - 21.

68. Attached hereto as Exhibit 66 is a true and correct copy of a document produced by 

Akamai, Inc. in this matter bearing the bates label AKAM-0216 - 220.

69. Attached hereto as Exhibit 67 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00012808 - 12828.

70. Attached hereto as Exhibit 68 is a true and correct copy of a document produced by 

Akamai, Inc. in this matter bearing the bates label AKAM-0214 - 215.

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 7 of 8
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7 5:17-cv-00551-LHK-NC

DECLARATION OF JILL M. MANNING IN SUPPORT OF 

PLAINTIFFS’ OPPOSITION TO DEFENDANT APPLE’S MOTION FOR SUMMARY JUDGMENT

71. Attached hereto as Exhibit 69 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00001002 - 1003. 

72. Attached hereto as Exhibit 70 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00013938 - 13943. 

73. Attached hereto as Exhibit 71 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00013995 - 13998. 

74. Attached hereto as Exhibit 42 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00002786. 

75. Attached hereto as Exhibit 73 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00049097 - 49103. 

76. Attached hereto as Exhibit 74 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00035672 - 35675. 

77. Attached hereto as Exhibit 75 is a true and correct copy of a document produced by 

Apple, Inc. in this matter bearing the bates label APL-GRACE_00022187 - 22194. 

78. Attached hereto as Exhibit 76 is a true and correct copy of the Expert Report of Dr. 

Justine Hastings executed on August 28, 2018.

79. Attached hereto as Exhibit 77 is a true and correct copy of the Deposition 

Transcript of the September 20, 2018, Videotaped Deposition of Dr. Tasneem Chipty.

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on the 18th day of October, in Tomales, California.

By: /s/ Jill M. Manning

 Jill M. Manning

Case 5:17-cv-00551-LHK Document 285-1 Filed 10/18/18 Page 8 of 8