FABIAN MONROSE, Ph.D.
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` _______________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _______________
`
` APPLE INC.
` Petitioner
` v.
` VIRNETX INC. AND APPLICATION
` INTERNATIONAL CORPORATION
` Patent Owner
` _______________
`
` Case No. IPR2015-00810 (Patent 8,868,705 B2)
` Case No. IPR2015-00811 (Patent 8,868,705 B2)
` Case No. IPR2015-00812 (Patent 8,850,009 B2)
` _______________
`
` DEPOSITION OF FABIAN MONROSE, Ph.D.
` Washington, D.C.
` Thursday, March 3, 2016
`
`Reported by: John L. Harmonson, RPR
`Job No. 103298
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`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 1
`
`
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` _______________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _______________
`
` APPLE INC.
` Petitioner
` v.
` VIRNETX INC. AND APPLICATION
` INTERNATIONAL CORPORATION
` Patent Owner
` _______________
`
` Case No. IPR2015-00810 (Patent 8,868,705 B2)
` Case No. IPR2015-00811 (Patent 8,868,705 B2)
` Case No. IPR2015-00812 (Patent 8,850,009 B2)
` _______________
`
` DEPOSITION OF FABIAN MONROSE, Ph.D.
` Washington, D.C.
` Thursday, March 3, 2016
`
`Reported by: John L. Harmonson, RPR
`Job No. 103298
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`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 1
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 2
`
` March 3, 2016
` 9:32 a.m.
`
` Deposition of FABIAN MONROSE, Ph.D., held at
`the offices of Paul Hastings LLP, 875 15th
`Street, N.W., Washington, D.C., before John L.
`Harmonson, a Registered Professional Reporter and
`Notary Public of the District of Columbia, who
`officiated in administering the oath to the
`witness.
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`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 2
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 3
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` A P P E A R A N C E S
`
`On Behalf of Petitioner, Apple Inc.:
` SIDLEY AUSTIN
` 1501 K Street, N.W.
` Washington, D.C. 20005
` BY: SCOTT BORDER, ESQ.
` THOMAS BROUGHAN III, ESQ.
`
`On Behalf of Patent Owner, VirnetX Inc.:
` PAUL HASTINGS
` 875 Fifteenth Street
` Washington, D.C. 20005
` BY: DANIEL ZEILBERGER, ESQ.
` JOSEPH PALYS, ESQ.
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`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 3
`
`
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`FABIAN MONROSE, Ph.D.
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`--------------------------------------------------
` P R O C E E D I N G S
` 9:32 a.m.
`--------------------------------------------------
` Whereupon,
` FABIAN MONROSE, Ph.D.,
` after having been first duly sworn or affirmed,
` was examined and did testify under oath as
` follows:
`
` EXAMINATION
` BY MR. BORDER:
` Q. Good morning, Dr. Monrose.
` A. Good morning.
` Q. This is not the first time you've been
` deposed in this series of proceedings, correct?
` A. That is correct.
` Q. So as you know, if you need to take a
` break, please let me know. If you don't mind,
` let me finish my line of questioning, but if you
` need a break, again just let me know.
` Give your counsel time to object. To
` the extent that he does not instruct you not to
` answer, please answer my question.
` All right. Let's start with your
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 4
`
`
`
`FABIAN MONROSE, Ph.D.
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`declaration in -- So there's three declarations
`you've filed, as you might recall, the 810, 811
`and the 812 proceedings. Is it okay if we just
`refer to them as 810, 811, 812?
` A. That will be fine.
` Q. There's two that involve Beser and
`there's one that involves Aventail. Do you have
`copies of them already?
` A. I do.
` Q. So let's start with the 811. I'll
`just hand your counsel -- this is Exhibit 216 in
`the 811 proceeding.
` All right. Why don't we -- why don't
`we turn to Paragraph 30. Do you have it?
` A. I do. Paragraph 30.
` Q. Why did you bold "in the connection
`request" in Paragraph 30?
` A. As stated here in my declaration, I
`believe that the petitioner points to the
`connection request, and I'm responding to that
`alleged as meeting the limitations. And
`furthermore, during the deposition of
`Dr. Tamassia, he in fact indicated that what he
`was pointing to is in fact the connection
`request.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 5
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 6
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` And so as I state here, this is
`indicated in box G in his flow chart during
`beginning of step 2 in Aventail.
` Q. So in your view, the connection
`request refers solely to the actions identified
`in box G from Exhibit 2014?
` A. I'm responding to what Dr. Tamassia
`points to as the connection request in box G.
` Q. What is your opinion as to what the
`connection request is in Aventail?
` A. So as stated in my declaration,
`Aventail discloses a series of steps for
`configuring -- in its administration guide for
`configuring Aventail Connect. So in particular,
`the summary of those features are described on
`pages 11 through 13 in the multiphased approach.
` So I would like to go through the
`multiphase approach to be clear of what's
`happening here. So the first part, DNS lookup is
`received at Aventail Connect from a client
`application. If the DNS -- if the destination
`host name in the DNS lookup matches the
`redirection rule or the DNS proxy option is
`enabled at the domain and the domain cannot be
`looked up directly, a false DNS entry is created.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 6
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 7
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` It goes on to explain what the purpose
`of the redirection rules are, and then it
`specifically mentions that the checking of the
`redirection rules occur in that claimed step 1.
`Okay?
` Again, on pages 11 to 13 of Aventail,
`it states in step 2 -- so this is after step 1,
`"The client application requests a connection to
`a remote host, and this connection request is
`checked by Aventail Connect. The connection may
`contain a previously created false entry that
`indicates whether the connection should be
`proxied."
` It also mentions that during this
`stage, this is when a SOCKS negotiation would
`happen, and more importantly, that Aventail
`Connect will then send a proxy request to the
`extranet server. In particular, it says in
`steps -- let's call it 2B, "When the connection
`is completed, Aventail Connect begins the SOCKS
`negotiation."
` The third step is that the application
`at that point then transmits and receives data in
`step 3.
` So there are three explicit steps in
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 7
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 8
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`Aventail Connect.
` Q. So in your view, the connection
`request in the Aventail system occurs after the
`redirection rules are checked?
` A. So if my memory serves me correctly,
`and as stated in the declaration, in part 1,
`Aventail states: "If the destination host name
`in the DNS lookup matches a redirection rule, or
`the DNS proxy option is enabled and the domain
`cannot be looked up directly, a false entry is
`created by Aventail Connect and returned to the
`application."
` It says: "A redirection rule," and
`we'll expand on it, "defines for destination what
`type of traffic, in particular whether it's TCP
`or UDP, will be allowed to be routed to that
`destination and the type of proxy redirection."
` Aventail is specific in providing a
`table that says what the proxy redirection fields
`relate to. And as shown in the declaration,
`copied from Aventail, it provides some options
`including the ability to redirect, and that's
`redirect all traffic through its extranet server,
`perform no redirection, or deny service. In this
`case, deny service is to a specific destination.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 8
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 9
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` So in step 1, the redirection rules
`are checked.
` Q. Okay. I'm going to ask that question
`again because I don't think you answered it.
` Is it your opinion that the connection
`request in Aventail is checked after the
`redirection rules are checked? Let me restate
`that.
` Is it your view that the connection
`request occurs after the redirection rules are
`checked?
` MR. ZEILBERGER: Objection to form.
` THE WITNESS: I think you asked
` exactly what I answered.
`BY MR. BORDER:
` Q. You never told me that the connection
`request occurs after the redirection rules are
`checked. Is that your testimony?
` MR. ZEILBERGER: Objection; form.
`BY MR. BORDER:
` Q. To be clear, is it your opinion that
`the connection request in Aventail occurs after
`the redirection rules are checked?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: What I give an opinion
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 9
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 10
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` to was the petitioner's claim that in their
` specified connection request, which again
` Dr. Tamassia pointed to in his deposition
` what he was referring to, that in that case
` the redirection rules are not checked.
`BY MR. BORDER:
` Q. Dr. Monrose, my question is: Is it
`your opinion that the connection request in
`Aventail occurs after the redirection rules are
`checked?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: In my declaration I
` responded to the petitioner's alleged
` meeting of that limitation and showed that
` in fact the request, whether it is the proxy
` request that they're responding to or the
` connection request that they point to, are
` not checked against the redirection rule.
`BY MR. BORDER:
` Q. So you have no independent opinion as
`to when the connection request occurs in
`Aventail, correct?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: I don't know what you
` mean by "independent," but Aventail
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 10
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 11
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` specifically says that it happens after step
` 1.
`BY MR. BORDER:
` Q. So you would agree that, in your
`opinion, the connection request occurs after step
`1 in Aventail?
` MR. ZEILBERGER: Objection; form.
`BY MR. BORDER:
` Q. Let me ask it a different way: In
`your opinion, are the redirection rules checked
`in step 1 as laid out in pages 11 and 12 of
`Aventail?
` A. In step 1, Aventail does disclose
`conditions where the redirection rules are
`checked.
` Q. And in your view, the connection
`request occurs after those actions, correct?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: In my opinions expressed
` in the declaration, I responded to the
` alleged meeting of those limitations and
` argued why I disagreed with their expert's
` opinion that in fact this is not checked in
` those cases.
`BY MR. BORDER:
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 11
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 12
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` Q. So you agree with me that you don't
`have your own opinion as to when the connection
`request occurs in Aventail?
` MR. ZEILBERGER: Objection; form.
` Foundation.
` THE WITNESS: My opinion is based on
` what is stated in Aventail Connect. They
` are separate steps. So maybe I just don't
` understand your question.
`BY MR. BORDER:
` Q. My question is: Do you, in your
`opinion, believe that the connection request in
`Aventail occurs after the redirection rules are
`checked?
` MR. ZEILBERGER: Objection to form.
`BY MR. BORDER:
` Q. Is there something you don't
`understand about that question?
` A. I thought I've answered your question.
`I said given the interpretation of what's
`specified by Aventail Connect, that step 2, this
`connection request happens after step 1.
` Q. And step 1 includes checking the
`redirection rules?
` A. That is correct.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 12
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 13
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` Q. And that's your opinion?
` A. That is correct.
` Q. Okay. Now, when you stated that
`you -- Well, let's go back to Paragraph 30. When
`you stated that you were responding to what
`Dr. Tamassia points to as the connection request
`in box G, do you agree that you're relying solely
`on Dr. Tamassia's deposition testimony for that
`opinion?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: So back to Paragraph 30,
` you said?
`BY MR. BORDER:
` Q. Yes.
` A. So in Paragraph 30 and 31, Apple's --
`Dr. Tamassia gave a clarification of where this
`step -- what is meant by -- what his
`understanding of what is meant by the connection
`request. I did an analysis based on what
`Dr. Tamassia points to and, as explained in the
`declaration, that logic, in my opinion, is flawed
`because the redirection rules are not checked at
`that point.
` Q. And in Paragraphs 30 and 31 you don't
`cite to any portion of Dr. Tamassia's
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 13
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 14
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`declaration, correct?
` A. In Paragraph 30, I do refer to his
`depo and the statements made about box G.
` Q. Okay. Let me repeat that question.
` In Paragraphs 30 and 31, you don't
`cite to any portion of Dr. Tamassia's
`declaration, correct?
` A. His declaration, that is correct.
` Q. And the only testimony you rely on are
`two lines on page 234 of his deposition, correct?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: His deposition, in my
` opinion, was clarifying statements made in
` his declaration. So the fact that I
` looked -- reviewed his deposition to see how
` he's clarifying the declaration means I'm
` relying on more than just his deposition.
`BY MR. BORDER:
` Q. Well, Dr. Monrose, I don't think
`there's any page limits on your declaration, and
`I don't see any citations to his declaration
`here, correct?
` MR. ZEILBERGER: Objection.
`BY MR. BORDER:
` Q. I think you answered that before.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 14
`
`
`
`FABIAN MONROSE, Ph.D.
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`Page 15
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` MR. ZEILBERGER: Objection;
` argumentative.
`BY MR. BORDER:
` Q. Let me just ask a question.
` A. You guys -- Again, I'm not a lawyer.
`I put this on the table. I'm not a lawyer. My
`understanding of how this works is the petitioner
`makes an alleged -- shows where they believe the
`limitations are met. An expert in certain cases
`provides his or her opinion in respect to that
`limitation that the petitioner points out.
` In this particular case, Dr. Tamassia
`clarified a statement or his understanding of
`statements made in the declaration, and I
`reviewed those statements. And under that
`understanding -- what he points to in his
`deposition, which I will agree with you in my
`declaration, I don't specifically cite to his
`declaration but I do cite to his deposition which
`clarifies statements made in his declaration and
`says he's referring to box G.
` Q. And in your view, the entire basis of
`your opinion is based on just two lines of
`Dr. Tamassia's deposition?
` MR. ZEILBERGER: Objection;
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 15
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 16
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` foundation. Form.
`BY MR. BORDER:
` Q. Correct?
` A. I think that's a stretch. I think
`it's the context of what was -- He specifically
`points to that in those two lines, but the
`surrounding context points to his understanding
`of what the connection request is, and he says
`that's indicated by box G.
` Q. But you don't cite to any of this
`additional context that you just mentioned,
`correct?
` A. Again, maybe if I had more experience
`in this and realized that lawyers would -- I had
`to say exactly where it matches his
`declaration -- I just said looking at what he
`said in his deposition, and what he points to in
`that deposition, my understanding of what he said
`there implies that box G is the connection
`request. And in that case, the redirection rules
`are not checked.
` Q. Did you review the entirety of
`Dr. Tamassia's deposition?
` A. I went through looking for the places
`in which he was trying to justify what he said
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 16
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 17
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`here. So not with a fine-tooth comb. I didn't
`go through all the pages in here. I went
`through, I looked, and I tried to understand the
`context in which he made those statements.
` Q. So to be clear, you did not review the
`entire deposition transcript of Dr. Tamassia?
` A. I read the transcript to try and
`understand what was being said here. And I'm
`sure if -- and it's a painful exercise reading
`these transcripts because this thing jumps all
`over and so I had to focus it. At one point he
`was asked where is the connection request. And
`that's the point where he says that, the way he
`says that's the connection request.
` I don't know how you guys do it as
`lawyers, but it's difficult to keep track of
`everything that's going on here. So I had to
`review it, and then I looked at the portion in
`which he says this is where I believe the
`connection request is.
` Q. Do you agree that he at least
`discusses this issue in other parts of his
`deposition?
` MR. ZEILBERGER: Objection; form.
` Foundation.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 17
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 18
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` THE WITNESS: To be honest, I would
` have to go back and look specifically.
`BY MR. BORDER:
` Q. And of course you don't cite to any of
`the other portions of his testimony where he
`discusses what his view is as to the connection
`request?
` MR. ZEILBERGER: Objection.
`BY MR. BORDER:
` Q. In Aventail, correct?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: I believe here, in my
` view, I turn to what I felt was the clearest
` statement of what box G was referring to.
`BY MR. BORDER:
` Q. And you obviously have no other
`testimony -- Strike that.
` And you obviously have no testimony as
`to the other testimony that Dr. Tamassia gave
`with respect to box G and the connection request
`in Aventail, correct?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: The only statements I've
` made in my declaration with respect to his
` deposition on this particular matter is
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 18
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 19
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` referenced in Paragraph 30.
`BY MR. BORDER:
` Q. Did you review the entirety of
`Dr. Tamassia's declaration?
` A. I did. It's very long.
` Q. How do you define "connection
`request"?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: Are you asking this in
` the abstract? In something specific? In
` deposition?
`BY MR. BORDER:
` Q. I'm asking with respect to your bolded
`cite -- With respect to Paragraph 30, you've
`bolded "in the connection request." What is your
`definition of "connection request"?
` A. In that bolded paragraph, it's what he
`says box G is the connection request. His bolded
`is just that he specified the connection request
`is box G. It's not my opinion, and I'm not
`saying anything else. He specified box G is the
`connection request.
` Q. And if your opinion is wrong -- in
`other words, if he did not specify that box G is
`the connection request -- you agree that the
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 19
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 20
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`conclusions you've reached, at least with respect
`to Paragraphs 30, 31, 32 and 33 are not valid,
`correct?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: You asked a very
` compound question. Can you repeat, please?
`BY MR. BORDER:
` Q. Well, you just told me that your
`analysis here is based on what you think
`Dr. Tamassia has testified to. Correct?
` A. In Paragraph 30, I'm referring to what
`he points out in his declaration -- in his
`deposition to be connection request via box G.
` Q. So if there are other portions of his
`testimony where he elaborates on what he believes
`that connection request is, and that it is not
`solely confined to box G, you agree that your
`analysis here is incorrect?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: I do not. Because I
` would have to look at all the other claimed
` analysis that he also pointed to something
` else as the connection request. I looked at
` what he claimed is the connection request
` there in box G.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 20
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 21
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`
` And I believe that my duty is to
` assess his opinion, and I did, and, one, I
` respectfully disagree with what it said, and
` more specifically for box G pointed to that
` part of the deposition. It's clear that the
` redirection rules are not checked. I can't
` say more than that.
`BY MR. BORDER:
` Q. So I'm handing you what is previously
`marked Exhibit 2013 in the 811 proceeding. I'm
`sure you recognize that.
` And I'm looking at step 1 here. It
`states: "The application does a DNS lookup to
`convert the host name to an IP address."
` Do you agree that at least in one
`example, that host name would come from a user
`attempting to communicate with a remote host?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: So step 1 says the
` application does a DNS lookup. And remember
` that in Aventail, the application -- I mean
` Aventail Connect does a DNS lookup to
` convert the host name to an IP address.
`BY MR. BORDER:
` Q. So in your view, the application
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 21
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 22
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`
`that's mentioned there is Aventail Connect?
` A. This says, "How does Aventail Connect
`work?"
` Q. In your view, in step 1, when it says
`"the application," that's referring to Aventail
`Connect and not other software on the computer?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: As stated in my
` declaration, Aventail Connect is simply an
` administration guide for configuring
` Aventail Connect, which is an application
` designed to run on a workstation and which
` routes traffic, network traffic from an
` application to a proxy server.
`BY MR. BORDER:
` Q. Okay. My question is: When it states
`"the application" in step 1 on the first page of
`Exhibit 2013 that I just handed you, you believe
`that's Aventail Connect?
` A. The administration guide says Aventail
`Connect is an application designed to run on a
`workstation.
` Q. Is that a yes?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: It's an application
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 22
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 23
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`
` designed to run on a workstation.
`BY MR. BORDER:
` Q. The specific reference to "the
`application" in step 1 on page 11 of -- or page 1
`of Exhibit 2013, "the application," in your view,
`refers to Aventail Connect and not any other
`software running on the client computer? That's
`your view?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: In my declaration, to
` the best of my recollection, I did not opine
` on that matter and said what Aventail
` discloses, and it is a guide for configuring
` Aventail Connect, which the guide says it's
` an application designed to run on a
` workstation.
`BY MR. BORDER:
` Q. So you don't know one way or the other
`what "the application" actually refers to in step
`1 in Exhibit 2013?
` A. It says it's Aventail Connect. How
`does Aventail Connect work? It's an
`application designed to run -- Aventail Connect
`is an application designed to run on a
`workstation.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 23
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 24
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`
` Q. The host name that's mentioned in that
`first step, you agree that would come from a
`user?
` A. So the broader context of what the
`Exhibit 2013 -- so if I go back to page 7 on
`Exhibit 109, Aventail Connect is a client
`component of the Aventail intranet center.
` Your question about in the proceedings
`at hand, I don't recall any discussion --
`opinions on my part on whether or not there was a
`user there.
` Q. Well, so now we're talking about
`Exhibit 1009.
` A. Yes.
` Q. So let me hand this to your counsel.
`This is the full Aventail Connect document. This
`is Exhibit 1009 in the 811 proceeding.
` You've got a copy, correct?
` A. Yes.
` Q. Let me have you go to the top of
`page 8, please. It says: "Windows TCP/IP
`networking applications such as Telnet, e-mail,
`web browsers and FTP use Winsock (Windows
`sockets) to gain access to networks or the
`Internet."
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 24
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 25
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`
` You agree that these networking
`applications, could that be what Aventail is
`referring to when it says, "The application does
`a DNS lookup to convert the host name to an IP
`address," in step 1 of Exhibit 1009?
` MR. ZEILBERGER: Objection; form.
` Foundation.
`BY MR. BORDER:
` Q. Could that be the application that
`it's referring to?
` MR. ZEILBERGER: Same objections.
` THE WITNESS: I've done no analysis of
` whether or not the TCP/IP-enabled network
` applications pointed to here, e-mail or web
` browsers, are the same applications referred
` to in step 1.
`BY MR. BORDER:
` Q. Did you read Exhibit 1009?
` A. I had to go through Exhibit 1009.
` Q. Did you read the entirety of 1009?
` A. I had to go through the parts which
`the petition was pointing to met the alleged
`limitations.
` Q. Do you believe you have an
`understanding of how the system described in
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 25
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 26
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`
`Aventail works?
` A. I do. It's an admin guide.
` Q. So do you agree that Aventail Connect
`works with Windows TCP/IP applications?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: It says it can work with
` TCP or UDP.
`BY MR. BORDER:
` Q. And one of those applications would be
`a browser, for example?
` MR. ZEILBERGER: Objection; form.
` Scope.
` THE WITNESS: I mean, hypothetically
` speaking, it -- I don't know the context in
` which you're asking me this, so I need
` context. But it does say, as in the guide,
` the TCP networking applications, and it
` gives examples. Your example is a web
` browser, and a web browser is listed here.
`BY MR. BORDER:
` Q. And so at least one of the places that
`Aventail Connect -- at least in the steps -- Let
`me strike that.
` Let's stay on Exhibit 1009, page 11,
`and it says: "The application does a DNS lookup
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 26
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 27
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`
`to convert the host name to an IP address."
` Could one example of that host name
`come from a user entering a host name into a
`browser?
` MR. ZEILBERGER: Objection; form.
` Scope.
` THE WITNESS: So again, to the best of
` my recollection, that specific example that
` you point to, the administration guide does
` not provide that example.
`BY MR. BORDER:
` Q. Dr. Monrose, you're holding yourself
`out to be a person of ordinary skill in the art,
`correct?
` A. Uh-huh.
` Q. And you read the entirety of this
`administrator's guide?
` A. I read the guide.
` Q. And you understand how the system
`works.
` A. I do. And you said there's a web
`browser, and I'm saying I didn't give an opinion
`on whether or not there is a user -- it says
`there's a user sitting at the web browser and
`that's the same application mentioned in 1A.
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 27
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 28
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`
` Q. So you have no idea where the host
`name mentioned in step 1A could come from?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: There are possibilities.
`BY MR. BORDER:
` Q. What possibilities?
` A. It says there it converts the host
`name.
` Q. Where does the host name come from?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: Aventail says it will
` connect its -- Aventail Connect is a client
` component. So it receives it from the
` client.
`BY MR. BORDER:
` Q. In this case, what is the client?
` MR. ZEILBERGER: Objection; form.
` Scope.
`BY MR. BORDER:
` Q. Let me ask this: Do you agree that
`one place it could receive it from is a regular
`browser?
` MR. ZEILBERGER: Objection; form.
` Scope.
` THE WITNESS: Hypothetically, without
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 28
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 29
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`
` any other context, yeah, it could be a
` browser.
`BY MR. BORDER:
` Q. Now, if a user were to enter a host
`name into a browser, would you call that a
`connection request?
` MR. ZEILBERGER: Objection; form.
` Scope.
` THE WITNESS: I made no statements
` about what a connection request is. I
` pointed to what Dr. Tamassia and the
` petition said is the connection request and
` I outlined there are several steps in
` Aventail. The first being a DNS lookup to
` convert the host name. We went through
` that. And the second being the application
` requests a connection. Two different steps.
`BY MR. BORDER:
` Q. So you haven't formed your own opinion
`as to what a connection request is in Aventail?
` MR. ZEILBERGER: Objection; form.
`BY MR. BORDER:
` Q. Correct?
` MR. ZEILBERGER: Same objection.
` THE WITNESS: My opinion is that step
`
`Apple v. VirnetX, IPR2015-00866
`Petitioner Apple Inc. - Ex. 1066, p. 29
`
`
`
`FABIAN MONROSE, Ph.D.
`
`Page 30
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` 1 and step 2 are two different steps. It
` says so on page 11 and 12.
`BY MR. BORDER:
` Q. I did not ask you whether step 1 and
`step 2 are different requests. I asked you: You
`have not formed your own opinion as to what a
`connection request is in Aventail, correct?
` MR. ZEILBERGER: Objection; form.
` THE WITNESS: So my analysis in the
` declaration only states that what is pointed
` to by the petitioner as a connection
` request, and whether that connection -- that
` alleg
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