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U.S. v. Apple, et al. - Trial Exhibits

Trial Exhibits

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Government Exhibits

Apple/Penguin agency agreement (January 25, 2010)

Apple/Macmillan agency agreement (January 25, 2010)

Apple/Simon & Schuster agency agreement (January 25, 2010)

E-mail exchange between Eddy Cue and John Sargent re "Update" (January 23, 2010)

E-mail from Eddy Cue to Carolyn Reidy re "iTunes" (January 4, 2010)

E-mail from Keith Moerer to Eddy Cue re "updated NYT bestseller comparisons" (January 9, 2010)

E-mail from Eddy Cue to Steve Jobs re "Book Publisher Update" (January 13, 2010)

E-mail from Eddy Cue to Steve Jobs re "Amazon Kindle on iPhone" (February 19, 2009)

E-mail from Eddy Cue to David Shanks re "Announcement" (January 22, 2010)

E-mail from Keith Moerer to Eddy Cue "NYT bestseller comparisons" (January 6, 2010)

E-mail from Steve Jobs to Eddy Cue re "HarperCollins" (January 24, 2010)

E-mail from Eddy Cue to Steve Jobs re "Book Prices Thoughts" (January 14, 2010)

E-mail from Keith Moerer to Eddy Cue re "New Info Today" (December 17, 2009)

E-mail from Eddy Cue to John Sargent re "iTunes" (January 21, 2010)

E-mail from Keith Moerer to Eddy Cue re "a few thoughts" (December 18, 2009)

E-mail from Eddy Cue to David Shanks re "iTunes" (January 5, 2010)

E-mail from Eddy Cue to David Young re "iTunes" (January 4, 2010)

E-mail from Eddy Cue to Steve Jobs re "Book Publisher Update" (January 21, 2010)

E-mail from Eddy Cue to Steve Jobs re "Book Publisher Update" (December 21, 2009)

E-mail from Eddy Cue to David Shanks re "iTunes" (January 25, 2010)

E-mail from Steve Jobs re "Macmillan" (January 31, 2010)

E-mail from Eddy Cue to Steve Jobs re "Publisher Update" (December 15, 2009)

E-mail from Eddy Cue to John Sargent re "URGENT!!" (January 31, 2010)

E-mail from Steve Jobs to Eddy Cue re "Book Prices Thoughts" (January 14, 2010)

E-mail from Eddy Cue to Markus Dohle re "iTunes" (December 18, 2009)

E-mail from Eddy Cue to Steve Jobs re "Book Pricing update" (April 3, 2010)

E-mail from Eddy Cue to David Young re "iTunes update" (January 16, 2010)

E-mail from Eddy Cue to Greg Joswiak re "The iBookstore six months after launch: One big failure" (October 14, 2010)

E-mail from John Sargent to Russell Grandinetti re Macmillan/Amazon negotiations (February 2, 2010)

E-mail from Pete Alcorn to Oliver Schusser re "today" (April 13, 2010)

E-mail from Keith Moerer to David Shanks re "our meeting tomorrow" (January 11, 2010)

E-mail from Keith Moerer to Eddy Cue re "Call @ 12:30 AM TONIGHT!!!" (May 20, 2010)

E-mail from David Young to John Sargent re "Brilliant news!" (January 31, 2010)

E-mail from John Makinson to John Sargent expressing admiration (February 2, 2010)

E-mail from John Sargent to Eddy Cue re "iTunes" (January 6, 2010)

E-mail from John Sargent to Jim LeRose re iPad (January 28, 2010)

E-mail from Eddy Cue to John Sargent re "iTunes Update" (January 21, 2010)

PowerPoint presentation entitled "eBooks U.S. Update" (printed copy of native presentation attached) (May 6, 2009)

E-mail from John Sargent to Lisa Scottoline re "Sun-Tzu and the E-Book" (December 14, 2009)

E-mail from Daniel Schwartz to Macmillan executives attaching PowerPoint presentation entitled "Digital Trade: Discussion Document" (November 19, 2009)

E-mail from John Sargent to Stefan von Holtzbrinck forwarding message from Arnaud Nourry (January 31, 2010)

E-mail exchange between John Sargent and Benita Somerfield re "Congratulations?" (February 9, 2010)

E-mail from John Sargent to Stefan von Holtzbrinck re Apple negotiations (December 22, 2009)

E-mail from John Sargent to Stefan von Holtzbrinck and Reudiger Salat re "Amazon as a publisher" (May 6, 2011)

E-mail from John Sargent to Eddy Cue re "iTunes" (December 21, 2009)

E-mail from David Shanks to Dick Heffernan re "BIG NEWS" (December 11, 2009)

Memo from John Schline to David Shanks, Susan Petersen Kennedy, and John Makinson re "Ebooks talking points" (metadata page is first page of the exhibit) (March 10, 2010)

E-mail exchange between David Shanks and Marilyn Ducksworth, Rebecca Sinclair, and John Makinson re "Motoko already called -- Re: Macmillan CEO, re Amazon, to authors-agents" (January 31, 2010)

E-mail from David Shanks to Susan Kennedy re "Partners" (March 5, 2010)

E-mail from William Lynch to David Shanks re "A question" (June 22, 2010)

E-mail from Eddy Cue to David Shanks re "iTunes Update" (January 16, 2010)

E-mail from David Shanks to John Makinson and Genevieve Shore re "Zee mobile" (September 15, 2009)

"Penguin Three Year Plan 2009" (August 4, 2009)

E-mail from Erin Crum to Brian Murray re "FOR REVIEW: Exec notes," attaching notes of Dec. 21, 2009 HarperCollins Executive Committee Meeting (January 6, 2010)

Carolyn Reidy call log

Carolyn Reidy handwritten notes (December 16, 2009)

Carolyn Reidy call log

Carolyn Reidy call log

E-mail from Kevin Saul to Eddy Cue re "Amazon Pulls Macmillan Books Over E-Book Price Disagreement -- Bits Blog -- NYTimes.com" (January 30, 2010)

E-mail from Madeline McIntosh to other Random House executives re "call with Keith from Apple" (January 10, 2010)

E-mail from Amanda Close to other Random House executives re "Apple Call Update" (January 15, 2010)

E-mail from Steve Jobs to Eddy Cue re "Book Prices Thoughts" (January 14, 2010)

"Executive Minutes" of Sept. 15, 2008 HarperCollins conference call (September 15, 2008)

E-mail from John Sargent to Stefan von Holtzbrinck re "Hachette" (December 30, 2008)

E-mail exchange between David Shanks and John Makinson re "iTunes Update" (January 25, 2010)

E-mail from Kevin Saul to John Sargent re "Apple," attaching draft agency agreement (January 11, 2010)

E-mail from Kevin Saul to Brian Murray re "Apple," attaching draft agency agreement (January 11, 2010)

E-mail from Kevin Saul to Keith Moerer re "Kevin travel to NY" (December 13, 2009)

E-mail exchange between Steve Riggio and Mike Ferrari re "eBook Pricing and Proposed Terms" (April 14, 2009)

E-mail exchange between Arnaud Nourry and David Young re "scanned eBook article" (August 14, 2009)

E-mail from David Shanks to Tim McCall re "iTunes Update" (January 21, 2010)

E-mail from Maja Thomas to David Young re "iTunes" (January 4, 2010)

E-mail exchange between Eddy Cue and David Shanks re "Amazon" (May 26, 2010)

E-mail from Kevin Saul to David Young re "Apple," attaching draft agency agreement (January 11, 2010)

E-mail from Kevin Saul to Carolyn Reidy re "Apple," attaching draft agency agreement (January 11, 2010)

E-mail from David Young to Sophie Cottrell, Maja Thomas, and Carol Ross re "Hi. Are you free?" (December 8, 2009)

E-mail from Arnaud Nourry to Eddy Cue re Apple discussions (December 15, 2009)

E-mail from David Young to Carolyn Reidy re Eddy Cue's contact information (December 17, 2009)

E-mail from Brian Murray to Charlie Redmayne re proposal for Apple (December 10, 2009)

E-mail from Eddy Cue to Brian Murray re "iTunes" (January 5, 2010)

E-mail from Brian Murray to himself re "Apple thoughts" (January 20, 2010)

E-mail from Charlie Redmayne to Jonathan Miller, forwarded to Brian Murray, re Apple negotiations (January 22, 2010)

E-mail from Brian Murray to Russell Grandinetti and David Naggar re "Agency terms specifics" (January 22, 2010)

E-mail from Charlie Redmayne to Brian Murray re Apple negotiations (January 21, 2010)

"HarperCollins CEO Report November 2009" (November 24, 2009)

E-mail from Brian Murray to Charlie Redmayne re meeting invitation from Apple (December 8, 2009)

E-mail from Fritz Foy to Theresa Horner re "After the revolution" (April 13, 2010)

E-mail from Rick Kot to Tim McCall and Kent Anderson re Random House (March 24, 2010)

E-mail from Kevin Saul to David Shanks re "Apple" (January 11, 2010)

E-mail from Genevieve Shore to Penguin/Pearson executives re Penguin's agreement with Apple (January 21, 2010)

E-mail from Markus Dohle to other Random House executives re Apple negotiations (December 22, 2009)

E-mail from Carolyn Reidy to Dennis Eulau and Elisa Rivlin re "APPLE" (February 11, 2010)

E-mail from Carolyn Reidy to herself re "how to get Amazon to change its pricing" (September 23, 2009)

E-mail exchange between Leslie Moonves and Carolyn Reidy re "Ebooks" (September 23, 2009)

E-mail exchange between Leslie Moonves and Carolyn Reidy re "Ebook Timing" (December 9, 2009)

E-mail from Carolyn Reidy to Dennis Eulau and Michael Selleck re "iTunes" (January 4, 2010)

Elinor Hirschhorn handwritten notes from meeting with Apple (December 16, 2009)

E-mail from Brian Napack to John Sargent, Fritz Foy, and Steve Cohen re "Wow John!" (February 2, 2011)

E-mail from Brian Murray to Markus Dohle re availability for a phone call (December 10, 2009)

E-mail from Brian Murray to Verne Kenney re "Hachette conversation today" (December 11, 2009)

E-mail from William Lynch to "B&N.com Leadership" re "Board Meeting" (December 15, 2009)

Memorandum from John Sargent to "Macmillan Authors and Illustrators" re Macmillan/Amazon negotiations, accessed from "Publishers Lunch" by Keith Moerer (February 4, 2010)

E-mail from Eddy Cue to Markus Dohle re "iTunes" (January 4, 2010)

E-mail from Eddy Cue to John Sargent re "iTunes" (January 4, 2010)

E-mail from David Naggar to Laura Porco and Tim Leslie re attached "agency summary.docx" (January 27, 2010)

E-mail from Eddy Cue to Keith Moerer re "Random House update" (January 10, 2010)

E-mail from Steve Riggio to William Lynch re "The next big thing" (January 15, 2010)

E-mail from Robert Eldridge to other Amazon executives, forwarded to Jeff Bezos, re "From NewsCorp Earnings Transcript -- Just completed" (February 2, 2010)

E-mail from Eddy Cue to John Sargent re "iTunes" (December 19, 2009)

E-mail from Eddy Cue to Carolyn Reidy re "iTunes" (December 18, 2009)

E-mail from Eddy Cue to Brian Murray re HarperCollins negotiations (January 23, 2010)

E-mail from Carolyn Reidy to Leslie Moonves re "Ebooks" (December 17, 2009)

E-mail from Eddy Cue to Carolyn Reidy re "iTunes update" (January 16, 2010)

E-mail from Eddy Cue to John Sargent re "iTunes update" (January 16, 2010)

E-mail from Eddy Cue to Brian Murray re "iTunes update" (January 16, 2010)

Walter Isaacson, "Steve Jobs," Chapter 38 ("The iPad") (October 24, 2011)

E-mail from Madeline McIntosh to Markus Dohle re "RH Ebook/Deep Backlist Titles" (September 29, 2010)

E-mail from Steve Jobs to Eddy Cue re "Some great news" (December 18, 2010)

E-mail from Maja Thomas to David Young re "Apple" (January 19, 2010)

E-mail from Keith Moerer to David Shanks re "our meeting tomorrow" (January 11, 2010)

E-mail from Keith Moerer to Carolyn Reidy re "meeting in New York" (January 11, 2010)

E-mail from Madeline McIntosh to Markus Dohle re "Eddy Cue" (April 21, 2010)

PowerPoint presentation entitled "HarperCollins Agents Catch-Up" (February 10, 2010)

E-mail from Carolyn Reidy to Leslie Moonves re "Apple" (January 18, 2010)

E-mail exchange between Dennis Eulau and Carolyn Reidy re "Apple -- CONFIDENTIAL" (December 22, 2009)

E-mail from Theresa Horner to Anne O'Malley re "eBooks Membership suggestion" (June 4, 2010)

E-mail from Arnaud Nourry to Catherine Cussigh re "iTunes Update" (January 21, 2010)

E-mail from Eddy Cue to Jonathan Miller re "iTunes Book Update" (January 24, 2010)

E-mail from Eddy Cue to Carolyn Reidy, forwarded to Elisa Rivlin, re "Term" (January 23, 2010)

E-mail from Carolyn Reidy to Elisa Rivlin re "Apple" (January 29, 2010)

E-mail from Eddy Cue to Carolyn Reidy re "iTunes update" (contains handwritten marginalia) (January 16, 2010)

E-mail from Eddy Cue to Carolyn Reidy re "Thanks" (January 26, 2010)

Video of Walt Mossberg interview with Steve Jobs (native video file) (January 27, 2010)

E-mail from Brian Murray to Leslie Hulse, Charlie Redmayne, and Ana Maria Allessi re "Apple Cheat Sheet" (January 27, 2010)

E-mail from Theresa Horner to Dick Heffernan re "A question" (June 23, 2010)

E-mail from John Sargent to Stefan von Holtzbrinck and Annette Thomas (July 21, 2009)

E-mail from Moe Girkins to Verne Kenney, Steven Sammons, and Tim Close re "Delaying ebooks" (November 5, 2009)

E-mail from Steve Jobs to Eddy Cue re "Book Prices Thoughts" (January 14, 2010)

E-mail from Steve Jobs to Eddy Cue re "Book Prices Thoughts" (January 14, 2010)

E-mail from Steve Jobs to Eddy Cue re "Book Prices Thoughts" (January 14, 2010)

E-mail from Keith Moerer to Eddy Cue, forwarded to Kevin Saul, re "publisher meeting notes" (December 15, 2009)

E-mail exchange between Dennis Eulau and Carolyn Reidy re "iTunes update" (January 17, 2010)

E-mail exchange between Brian Murray and Charlie Redmayne re offer from Apple (January 21, 2010)

E-mail from Eddy Cue to Steve Jobs re "Book Publisher Update" (January 23, 2010)

E-mail from Carolyn Reidy to Leslie Moonves attaching "remarks" for board meeting (January 26, 2010)

E-mail from Arnaud Nourry to Stefan von Holtzbrinck re shared vision of e-book market (February 1, 2010)

E-mail from Kevin Saul to Deirdre Silver re "eBook Agreement" (March 9, 2010)

Penguin PowerPoint presentation entitled "Penguin USA Road Show" (June 8, 2010)

E-mail from William Lynch to Len Riggio and Steve Riggio re "Follow-up -- Random House" (July 31, 2010)

Summary Exhibit: Phone Calls Among Publisher CEOs and Apple (Excluding Duplicates) December 1, 2009 - January 31, 2010

Direct Testimony of Russell Grandinetti (April 24, 2013)

Direct Testimony of Laura Porco (April 24, 2013)

Direct Testimony of David Naggar (April 23, 2013)

Direct Testimony of Tom Turvey (April 23, 2013)

Demonstrative Exhibit (from United States' Opening Presentation): Average E-book Retail Price Changes (June 3, 2013)

Demonstrative Exhibit (from United States' Opening Presentation): Phone Calls Between Publisher Defendant CEOs in December and January (June 3, 2013)

Demonstrative Exhibit (from United States' Opening Presentation): Calls Between Publisher Defendant CEOs from December 1, 2009 to January 31, 2010 (June 3, 2013)

Demonstrative Exhibit: Phone Calls Between Eddy Cue and Publisher Defendant CEOs in December and January (June 13, 2013)

E-mail from Steve Jobs to Sethh Humphrey re eBook prices and terms (February 10, 2010)

E-mail from Steve Jobs to Eddy Cue re "AppleInsider" (March 29, 2010)

E-mail from Steve Jobs to Eddy Cue re "Book Industry Reactions to Amazon's Move" (January 30, 2010)

E-mail from Steve Jobs to Eddy Cue re "Book Publisher Meeting" (February 10, 2010)

E-mail from Eddy Cue to John Sargent re Media interest in Kennedy eBook price difference (January 28, 2010)

E-mail from Eddy Cue to Keith Moere re "New York publisher update" (January 26, 2011)

E-mail from Eddy Cue to Keith Moerer re "Event" (January 24, 2010)

E-mail from Keith Moerer to Eddy Cue re "Penguin, Harper update" (January 12, 2010)

Creation of Apple MFN in Mr. Cue’s Words

Direct Testimony of Orley C. Ashenfelter, PhD. (June 6, 2013)

Direct Testimony of Richard J. Gilbert, Ph.D. (April 25, 2013)


Defense Exhibits

E-mail from Eddy Cue to Steve Jobs, Kevin Saul and Keith Moerer Subject: "Books – Publisher Update" (December 15, 2009)

DX-219

E-mail from Sarah Battles to Theresa Horner Subject: "eBook Pricing Summary" (January 21, 2010)

DX-239

E-mail from Eddy Cue to Steve Jobs, Kevin Saul and Keith Moerer Subject: "Book Publisher Update" (January 24, 2010)

DX-313

E-mail from Carolyn Reidy to Eddy Cue Subject: "Start Date" (March 3, 2010)

DX-434

Average eBook Retail Prices for Sony, Amazon, Barnes & Noble, Apple, Google, Books-A-Million, and Kobo (February 2008-March 2012)

DX-449

Price Changes of Titles Covered by Tiers Versus Those Not Covered by Tiers Demonstrate That Tiers Constrained Prices


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Updated November 6, 2015