PILMER DECL. ISO DEFENDANT APPLE INC’S 

OPPO. TO MOTION FOR CLASS CERT. CASE NO. 5:17-CV-00551-LHK (NC) 

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R. Alexander Pilmer (SBN 166196) 

Tanya L. Greene (SBN 267975) 

KIRKLAND & ELLIS LLP 

333 South Hope Street 

Los Angeles, California 90071 

Telephone: (213) 680-8400 

Facsimile (213) 680-8500 

Email: alexander.pilmer@kirkland.com 

 tanya.greene@kirkland.com 

Joseph A. Loy (admitted pro hac vice) 

KIRKLAND & ELLIS LLP 

601 Lexington Avenue 

New York, New York 10022 

Telephone: (212) 446-4800 

Facsimile: (212) 446-4900 

Email: joseph.loy@kirkland.com 

Attorneys for Defendant 

Apple Inc. 

Joshua H. Lerner (SBN 220755) 

Sonal N. Mehta (SBN 222086) 

Eugene Novikov (SBN 257849) 

Stephen Elkind (admitted pro hac vice) 

DURIE TANGRI LLP 

217 Leidesdorff Street 

San Francisco, CA 94111 

Telephone: (415) 362-6666 

Facsimile: (415) 236-6300 

Email: jlerner@durietangri.com 

 smehta@durietangri.com 

 enovikov@durietangri.com 

 selkind@durietangri.com 

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, 

v. 

APPLE INC., 

Defendant. 

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CASE NO. 5:17-CV-00551-LHK (NC) 

DECLARATION OF ALEX PILMER 

IN SUPPORT OF APPLE INC.’S 

OPPOSITION TO PLAINTIFFS’ 

MOTION TO CERTIFY A 

NATIONWIDE CLASS 

Judge: Hon. Lucy H. Koh 

Dept.: Courtroom 8—4th Floor 

Date: August 2, 2018 

Time: 1:30 p.m. 

Case 5:17-cv-00551-LHK Document 201-1 Filed 06/15/18 Page 1 of 4
PILMER DECL. ISO DEFENDANT APPLE 

INC’S OPPO. TO MOTION FOR CLASS CERT. 1 CASE NO. 5:17-CV-00551-LHK (NC) 

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I, R. Alexander Pilmer, declare: 

1. I have been a licensed attorney in the State of California since 1993. I am also a 

member of the New York State Bar. I have been a partner at Kirkland & Ellis LLP since 2000. I am 

admitted to practice before all Federal District Courts within the State of California, and the Southern 

District of New York. I am also admitted to the Second, Seventh, Ninth and Tenth Circuit Courts of 

Appeal. I have been admitted pro hac vice to appear in several state and federal courts throughout the 

country. In 2012, I was appointed by the Chief Judge of the Central District of California to serve on 

that district’s standing committee on attorney discipline. I served two two-year terms in that position. 

2. I make this declaration based upon matters within my own personal knowledge, and if 

called as a witness, I could and would competently testify on the matters set forth herein. 

3. A true and correct copy of excerpts from the April 20, 2018 Deposition Transcript of 

Gokul Thirumalai is attached hereto as Exhibit 2. 

4. A true and correct copy of excerpts from the June 12, 2018 Deposition Transcript of 

designated Rule 30(b)(6) witness, Brian Plott, on behalf of Best Buy is attached hereto as Exhibit 3. 

5. A true and correct copy of Kellermann Deposition Exhibit 6, Bates-numbered APLGRACE_0000001956, is attached hereto as Exhibit 4. Exhibit 4 is a spreadsheet authenticated by 

Beth Kellerman, Apple’s litigation support manager and designated Rule 30(b)(6) witness for topics 

related to records management and information governance. Pilmer Ex. 22 (Kellerman Dep. Tr. at 

13:15-20, 16:9-16). Ms. Kellerman testified she was familiar with the spreadsheet, the team that 

created it, and the source of the underlying data. Id. at 133:14-25. Exhibit 4 “is an iTunes transactiondriven report showing the number of U.S. iPhone 4 and 4S users who upgraded to iOS 7 from 

September 2013 to April 2015.” Pilmer Ex. 23 (Deft. Apple Inc.’s Third Supp. Resp. and Obj. to 

Pltfs’ Interrogatories, Set One, at 7-8). 

6. A true and correct copy of Hale Deposition Exhibit 43, Bates-numbered APLGRACE_0000011, is attached hereto as Exhibit 5. 

7. A true and correct copy of Hale Deposition Exhibit 51, Bates-numbered APLGRACE_0000015, is attached hereto as Exhibit 6. 

Case 5:17-cv-00551-LHK Document 201-1 Filed 06/15/18 Page 2 of 4
PILMER DECL. ISO DEFENDANT APPLE 

INC’S OPPO. TO MOTION FOR CLASS CERT. 2 CASE NO. 5:17-CV-00551-LHK (NC) 

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Privileged & Confidential 

Attorney Work Product 

Draft 

8. A true and correct copy of excerpts from the May 31, 2018 Deposition Transcript of 

designated Rule 30(b)(6) witness, Andy Zeinfeld, on behalf of Brightstar is attached hereto as Exhibit 

7. 

9. A true and correct copy of Hastings Deposition Exhibit 8, which is an excerpt of tradein data provided by AT&T pursuant to subpoena, is attached hereto as Exhibit 8. 

10. A true and correct copy of excerpts from the May 18, 2018 Deposition Transcript of 

Christina Grace is attached hereto as Exhibit 9. 

11. A true and correct copy of excerpts from the May 30, 2018 Deposition Transcript of 

Ken Potter is attached hereto as Exhibit 11. 

12. A true and correct copy of an email received from Jim Sevel of San Diego Digital 

Forensics on April 25, 2018 is attached hereto as Exhibit 14. 

13. A true and correct copy of excerpts from the June 8, 2018 Deposition Transcript of Dr. 

Justine Hastings is attached hereto as Exhibit 15. 

14. A true and correct copy of Plaintiffs’ Responses to Apple’s Third Set of Interrogatories 

is attached hereto as Exhibit 16. 

15. A true and correct copy of excerpts from the June 12, 2018 Deposition Transcript of 

designated Rule 30(b)(6) witness, Christopher Hall, on behalf of AT&T is attached hereto as Exhibit 

17. 

16. A true and correct copy of excerpts from the April 18, 2018 Deposition Transcript of 

Dallas De Atley is attached hereto as Exhibit 18. 

17. A true and correct copy of the Memorandum Opinion & Order (ECF No. 500), filed in 

VirnetX Inc. v. Apple Inc., Case No. 12-cv-00855-RWS (E.D. Tex.), is attached hereto as Exhibit 19. 

18. A true and correct copy of Kellermann Deposition Exhibit 6, Bates-numbered APLGRACE_00001958, is attached hereto as Exhibit 20. It is an excerpt from a spreadsheet authenticated 

by Beth Kellerman, Apple’s litigation support manager and designated Rule 30(b)(6) witness for 

topics related to records management and information governance. Pilmer Ex. 22 (Kellerman Dep. 

Tr. at 13:15-20, 16:9-16). Ms. Kellerman testified she was familiar with the spreadsheet from which 

this Exhibit was extracted (id. at 127:11, 128:9-22), which “is an iTunes transaction-driven report that 

Case 5:17-cv-00551-LHK Document 201-1 Filed 06/15/18 Page 3 of 4
PILMER DECL. ISO DEFENDANT APPLE 

INC’S OPPO. TO MOTION FOR CLASS CERT. 3 CASE NO. 5:17-CV-00551-LHK (NC) 

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Privileged & Confidential 

Attorney Work Product 

Draft 

shows the iOS version used by U.S. Apple iPhone 4 and/or 4S users as identified by serial number for 

each of April 15, 16th, and 17th of 2014.” Pilmer Ex. 23 (Deft. Apple Inc.’s Third Supp. Resp. and 

Obj. to Pltfs’ Interrogatories, Set One, at 7-8). The file from which the Exhibit was extracted shows 

the number of devices that were upgraded to iOS 7 on April 17, 2014. 

19. A true and correct summary of Exhibit 4, Bates-numbered APL-GRACE_00001956, 

which aggregates the number of upgrades to iOS for each month from September 2013 through April 

2015, is attached hereto as Exhibit 21. See FED. R. EVID. 1006. 

20. A true and correct copy of excerpts from the February 14, 2018 Deposition Transcript 

of designated Rule 30(b)(6) witness Beth Kellermann is attached hereto as Exhibit 22. 

21. A true and correct copy of excerpts from the May 22, 2018 deposition of David Hale 

on behalf of Akamai Technologies, Inc. is attached hereto as Exhibit 24. 

22. A true and correct copy of Hale Deposition Exhibit 38, bates numbered APLGRACE_00000022-30 is attached hereto as Exhibit 25. 

23. A true and correct copy of Hale Deposition Exhibit 40, bates numbered AKAM-0025-

28 is attached hereto as Exhibit 26. 

24. A true and correct copy of the Hale Deposition Exhibit 45, bates numbered APLGRACE_0000007-8 is attached hereto as Exhibit 27. 

25. A true and correct copy of the Hale Deposition Exhibit 46, bates numbered AKAM0016 is attached hereto as Exhibit 28. 

I declare under penalty of perjury that the foregoing is true and correct. This declaration was 

executed on June 15, 2018 in Los Angeles, California. 

/s/ R. Alexander Pilmer

 R. Alexander Pilmer

Case 5:17-cv-00551-LHK Document 201-1 Filed 06/15/18 Page 4 of 4