`
` 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
` ) 12:05 p.m.
` 6 APPLE, INC. November 5, 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
`
`VirnetX Exhibit 2014
`Black Swamp IP, LLC v. VirnetX Inc.
`IPR2016-00957
`Trial PGR2016-00007
`
`Page 1 of 5
`
`
`
` 39
`
` 1 A. No, it's not.
` 2 Q. So what --
` 3 A. What we see here, the missing element is to
` 4 store a plurality of domain names and corresponding
` 5 network addresses. That's also not taught in Kiuchi.
` 6 Q. Okay. Again, Apple's lawyer claimed that you
` 7 backpedaled from -- from this analysis from your expert
` 8 report.
` 9 Is that accurate?
` 10 A. No, that's not true.
` 11 MR. CURRY: Mr. Moreno, can you show
` 12 Dr. Jones' deposition testimony at Page 249, Lines 2
` 13 through 7?
` 14 Q. (By Mr. Curry) This is the Q and A that was
` 15 shown to the jury by Apple's lawyer.
` 16 Do you stand by this testimony?
` 17 A. Absolutely. I'm being asked to assume that
` 18 the appendix accurately describes the system. And under
` 19 that hypothetical situation, I give them an answer.
` 20 Q. And in your deposition testimony, didn't you
` 21 explain how the appendix is inaccurate in Kiuchi?
` 22 A. Yes. I believe I did that more than once.
` 23 MR. CURRY: Mr. Moreno, can you go to
` 24 Page 232, Lines 8 through 25?
` 25 Q. (By Mr. Curry) Can you explain what you're
`
`Page 2 of 5
`
`
`
` 40
`
` 1 talking about here?
` 2 A. So I'm being asked about what the discrepancy
` 3 that I've identified between the body of Kiuchi, the
` 4 explanation, the main body of his paper, and what is
` 5 pointed to in Appendix 2.
` 6 And what I explain is that I certainly can
` 7 reconcile it that what's being described in the way
` 8 Kiuchi has to function, once one analyzes the system, is
` 9 that it's the name of an origin server that's -- that
` 10 should be there; and that the appendix, which indicates
` 11 that it's a server-side proxy, is actually incorrect.
` 12 Q. And, in fact, didn't we hear earlier that Dr.
` 13 Kiuchi fixed the error in his appendix?
` 14 A. Yes. We saw that on the slides earlier today.
` 15 Q. Would the Kiuchi system work if the
` 16 client-side proxy requested a domain name for the
` 17 server-side proxy from C-HTTP?
` 18 A. No. The way Kiuchi has to work is that what's
` 19 being requested is the resource that's on the origin
` 20 server. That's where the data is.
` 21 Q. Can you show us how you knew that?
` 22 A. Yes. We can look at the body of Kiuchi.
` 23 MR. CURRY: Would you go to Slide 10,
` 24 please, Mr. Moreno?
` 25 A. This is -- this is from Kiuchi, and it's one
`
`Page 3 of 5
`
`
`
` 41
`
` 1 of the steps in the process of creating the connection,
` 2 and this is talking about the lookup of the server-side
` 3 proxy information.
` 4 And what's described here is that the
` 5 client-side proxy, which is that device up there on the
` 6 left with the red circle around it, is asking the C-HTTP
` 7 name server, which is the device at the top, if it can
` 8 communicate with the host specified in a given URL.
` 9 And URL stands for uniform resource locator.
` 10 It's asking for a resource. As we heard earlier, the
` 11 resources in Kiuchi, as they are in an HTTP system, are
` 12 in the origin server on the far right. So it's
` 13 asking -- the name it's asking for in the URL is the
` 14 name for the origin server, that resource.
` 15 Q. Would the C-HTTP name server in Kiuchi have
` 16 any reason to store a domain name for the server-side
` 17 proxy?
` 18 A. No, because that's not what's going to be
` 19 requested. It doesn't have the resource that's being
` 20 requested.
` 21 Q. Since Kiuchi doesn't teach secure
` 22 communication links or storing domain names with
` 23 corresponding network addresses, can it anticipate any
` 24 claim of the '504/'211 patent?
` 25 A. No, it can't. Those are both requirements of
`
`Page 4 of 5
`
`
`
` 179
`
` 1 COURT SECURITY OFFICER: All rise.
` 2 (Court adjourned.)
` 3
` 4 CERTIFICATION
` 5
` 6 I HEREBY CERTIFY that the foregoing is a
` 7 true and correct transcript from the stenographic notes
` 8 of the proceedings in the above-entitled matter to the
` 9 best of our abilities.
` 10
` 11
` 12 /s/ Shea Sloan
` SHEA SLOAN, CSR
` 13 Official Court Reporter
` State of Texas No.: 3081
` 14 Expiration Date: 12/31/12
` 15
` 16
` /s/ Judith Werlinger
` 17 JUDITH WERLINGER, CSR
` Deputy Official Court Reporter
` 18 State of Texas No.: 731
` Expiration Date 12/31/12
` 19
` 20
` 21
` 22
` 23
` 24
` 25
`
`Page 5 of 5
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`
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