Case 6:10-cv-00417-RWS Document 612 Filed 11/09/12 Page 1 of 232 PageID #: 21622
`
` 1
`
` 1 IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
` 2 TYLER DIVISION
`
` 3
` VIRNETX, INC. )
` 4 DOCKET NO. 6:10cv417
` -vs- )
` 5 Tyler, Texas
` ) 12:34 p.m.
` 6 APPLE, INC. November 1, 2012
`
` 7
`
` 8 TRANSCRIPT OF TRIAL
` AFTERNOON SESSION
` 9 BEFORE THE HONORABLE LEONARD DAVIS,
` UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY
` 10
`
` 11
`
` 12 A P P E A R A N C E S
`
` 13
`
` 14 FOR THE PLAINTIFFS:
`
` 15
` MR. DOUGLAS CAWLEY
` 16 MR. BRADLEY W. CALDWELL
` MR. JASON D. CASSADY
` 17 MR. JOHN AUSTIN CURRY
` McKOOL SMITH
` 18 300 Crescent Court, Ste. 1500
` Dallas, TX 75201
` 19
`
` 20
`
` 21 COURT REPORTERS: MS. JUDITH WERLINGER
` MS. SHEA SLOAN
` 22 shea_sloan@txed.uscourts.gov
`
` 23
`
` 24 Proceedings taken by Machine Stenotype; transcript was
` produced by a Computer.
` 25
`
`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1044, p. 1
`
`
`
` 1
`
` 1 IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
` 2 TYLER DIVISION
`
` 3
` VIRNETX, INC. )
` 4 DOCKET NO. 6:10cv417
` -vs- )
` 5 Tyler, Texas
` ) 12:34 p.m.
` 6 APPLE, INC. November 1, 2012
`
` 7
`
` 8 TRANSCRIPT OF TRIAL
` AFTERNOON SESSION
` 9 BEFORE THE HONORABLE LEONARD DAVIS,
` UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY
` 10
`
` 11
`
` 12 A P P E A R A N C E S
`
` 13
`
` 14 FOR THE PLAINTIFFS:
`
` 15
` MR. DOUGLAS CAWLEY
` 16 MR. BRADLEY W. CALDWELL
` MR. JASON D. CASSADY
` 17 MR. JOHN AUSTIN CURRY
` McKOOL SMITH
` 18 300 Crescent Court, Ste. 1500
` Dallas, TX 75201
` 19
`
` 20
`
` 21 COURT REPORTERS: MS. JUDITH WERLINGER
` MS. SHEA SLOAN
` 22 shea_sloan@txed.uscourts.gov
`
` 23
`
` 24 Proceedings taken by Machine Stenotype; transcript was
` produced by a Computer.
` 25
`
`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1044, p. 1
`
`
`
`Case 6:10-cv-00417-RWS Document 612 Filed 11/09/12 Page 2 of 232 PageID #: 21623
`
` 2
`
` 1 FOR THE PLAINTIFF:
`
` 2 MR. ROBERT M. PARKER
` MR. ROBERT CHRISTOPHER BUNT
` 3 PARKER BUNT & AINSWORTH
` 100 East Ferguson, Ste. 1114
` 4 Tyler, TX 75702
`
` 5
`
` 6
`
` 7
`
` 8
` FOR THE DEFENDANT:
` 9
` MR. DANNY L. WILLIAMS
` 10 MR. TERRY D. MORGAN
` MR. RUBEN S. BAINS
` 11 MR. CHRIS CRAVEY
` MR. MATT RODGERS
` 12 MR. DREW KIM
` MR. SCOTT WOLOSON
` 13 WILLIAMS, MORGAN & AMERSON, P.C.
` 10333 Richmond, Ste. 1100
` 14 Houston, TX 77042
`
` 15
` MR. ERIC ALBRITTON
` 16 MR. STEPHEN E. EDWARDS
` MS. DEBRA COLEMAN
` 17 MR. MATTHEW C. HARRIS
` ALBRITTON LAW FIRM
` 18 P.O. Box 2649
` Longview, TX 75606
` 19
`
` 20 MR. JOHN M. DESMARAIS
` MR. MICHAEL P. STADNICK
` 21 DESMARAIS, LLP - NEW YORK
` 230 Park Avenue
` 22 New York, NY 10169
`
` 23
`
` 24
`
` 25
`
`
`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1044, p. 2
`
`
`
`Case 6:10-cv-00417-RWS Document 612 Filed 11/09/12 Page 3 of 232 PageID #: 21624
`
` 3
`
` 1 P R O C E E D I N G S
` 2 (Jury out.)
` 3 COURT SECURITY OFFICER: All rise.
` 4 (Pause in proceedings.)
` 5 THE COURT: You may be seated until the
` 6 jury is ready.
` 7 (Pause in proceedings.)
` 8 COURT SECURITY OFFICER: All rise for the
` 9 jury.
` 10 (Jury in.)
` 11 THE COURT: Please be seated.
` 12 All right, Mr. Williams. You may
` 13 proceed.
` 14 MR. WILLIAMS: Thank you, Your Honor.
` 15 May it please the Court.
` 16 MARK JONES, Ph.D., PLAINTIFF'S WITNESS, PREVIOUSLY SWORN
` 17 CROSS-EXAMINATION
` 18 BY MR. WILLIAMS:
` 19 Q. Good afternoon, Dr. Jones.
` 20 A. Good afternoon, sir.
` 21 Q. My name is Danny Williams. We met earlier,
` 22 right?
` 23 A. Yes, sir.
` 24 Q. At your deposition that was taken earlier this
` 25 year?
`
`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1044, p. 3
`
`
`
`Case 6:10-cv-00417-RWS Document 612 Filed 11/09/12 Page 50 of 232 PageID #: 21671
`
` 50
`
` 1 the IP address is 1.15 coming in, right?
` 2 A. That's right.
` 3 Q. And going out, it's got a different IP
` 4 address, right?
` 5 A. That's right.
` 6 Q. So if you looked at the port address there, it
` 7 would be different, wouldn't it, because it's a
` 8 combination of a different IP address and port? Isn't
` 9 that correct?
` 10 A. That's correct. It's been translated to the
` 11 different address space.
` 12 Q. So you can't use the port -- the transport
` 13 address of the MacBook Air by the iPhone, can you? You
` 14 cannot directly address that transport address by the
` 15 iPhone. Isn't that correct?
` 16 A. I can. It has multiple addresses, and one of
` 17 them is that transport address. Another would be its
` 18 internal network IP address.
` 19 Q. And you will agree with me, right, that the
` 20 secure communication link requires direct communication?
` 21 Correct?
` 22 A. Yes.
` 23 MR. WILLIAMS: And that's Slide 50, if we
` 24 take a look at that real quick.
` 25 Q. (By Mr. Williams) This is Judge Davis'
`
`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1001, p. 50
`
`
`
`Case 6:10-cv-00417-RWS Document 612 Filed 11/09/12 Page 51 of 232 PageID #: 21672
`
` 51
`
` 1 construction. A secure communication link must be a
` 2 direct communication link.
` 3 And I believe that you've told us that direct
` 4 communication refers to direct addressability, correct?
` 5 A. That's correct.
` 6 MR. WILLIAMS: Let's see Slide 51 just to
` 7 confirm that we're not missing something.
` 8 Q. (By Mr. Williams) This was in your report,
` 9 right?
` 10 A. Yes.
` 11 Q. Okay. The word directly refers to direct
` 12 addressability. So if addressing changes, that would
` 13 not be direct addressability, right?
` 14 A. Well, I don't agree at all.
` 15 Q. Okay.
` 16 A. You'd have to look at the particulars of the
` 17 situation.
` 18 Q. Now, a secure communication link is not
` 19 necessarily a VPN; isn't that right?
` 20 A. That's correct.
` 21 Q. Okay. Well, we don't seem to be able to agree
` 22 on much. Let's go to something where we might be able
` 23 to agree.
` 24 I believe that you said this morning that
` 25 relays -- when relay servers are used in the
`
`Petitioners The Mangrove Partners Master Fund, Ltd., and Apple Inc.
`IPR2015-01046, Ex. 1001, p. 51
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