DAVID TERRY 3/24/2017
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
` APPLE INC.
`
` )
`
` Petitioner, )
`
` v.
`
` ) CASE NO.: IPR2016-01198
`
` VOIP-PAL.COM, INC.
`
` ) Patent 9,179,005
`
` Patent Owner. )
`
` _______________________ )
`
` The discovery deposition of DAVID TERRY, taken in
`
`the above-entitled cause, before Alyssa Fontaine, official
`
`reporter, on the 24th of March, 2017, 1055 W Georgia St,
`
`Vancouver, BC V6C 2L1
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
`
`IPR2016-01198
`Apple EX1012 Page 1
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
` APPLE INC.
`
` )
`
` Petitioner, )
`
` v.
`
` ) CASE NO.: IPR2016-01198
`
` VOIP-PAL.COM, INC.
`
` ) Patent 9,179,005
`
` Patent Owner. )
`
` _______________________ )
`
` The discovery deposition of DAVID TERRY, taken in
`
`the above-entitled cause, before Alyssa Fontaine, official
`
`reporter, on the 24th of March, 2017, 1055 W Georgia St,
`
`Vancouver, BC V6C 2L1
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
`
`IPR2016-01198
`Apple EX1012 Page 1
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`
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`DAVID TERRY 3/24/2017
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`Page 2
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`APPEARANCES:
`
` ERISE IP
`
` 5600 Greenwood Plaza Blvd.
`
` Suite 200
`
` Greenwood Village, CO 80111
`
` (720) 689-5441
`
` BY: MR. PAUL HART
`
` On behalf of the Petitioner;
`
` KNOBBE, MARTENS, OLSEN & BEAR, LLP
`
` 2040 Main Street, 14th Floor
`
` Irvine, CA 92614
`
` (858) 707-4000
`
` BY: MR. KERRY TAYLOR (by phone)
`
` On behalf of the Patent Owner.
`
`ALSO PRESENT:
`
` David Gileff
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`Fax: 314.644.1334
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`IPR2016-01198
`Apple EX1012 Page 2
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`DAVID TERRY 3/24/2017
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` I N D E X
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`Page 3
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`INDEX OF EXAMINATIONS
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`EXAMINATION PAGE
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` By Mr. Hart 4
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` By Mr. Taylor 73
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` By Mr. Hart 79
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` E X H I B I T S
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`NUMBER DESCRIPTION PAGE
`
`Exhibit 2003: Technical review of Digifonica 15
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` VoIP system
`
`Exhibit 2017: System architecture diagram 17
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`Exhibit 2014: Source code for the RBR server 24
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`Exhibit 2015: SVN log messages 30
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`Exhibit 2018: Mr. Terry's declaration 36
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`Exhibit 225: Email 41
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`Exhibit 226: Email 43
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`Fax: 314.644.1334
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`IPR2016-01198
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`DAVID TERRY 3/24/2017
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` VANCOUVER, BRITISH COLUMBIA, CANADA
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`Page 4
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` MARCH 24, 2017
`
` *****
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` DAVID TERRY,
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`called as a witness, having been first affirmed, was
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`examined and testified as follows:
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` EXAMINATION
`
`BY MR. HART:
`
` Q. Can you please state your name for the record?
`
` A. David Terry.
`
` Q. And, Mr. Terry, have you been deposed before?
`
` A. No.
`
` Q. Okay. I'll go through just a few ground rules to
`
`kind of get you up to speed. It is my job to ask good
`
`questions. If you don't understand any part of my
`
`question, please ask for clarification. And if you answer
`
`my question, I'm going to assume that you understood it;
`
`is that fair?
`
` A. Fair enough.
`
` Q. Two major rules that are important for the court
`
`reporter: Number one is we can't talk over each other;
`
`she can only take one person speaking at a time. Number
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`2, audible answers only, instead of -- "yes" or "no"
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`instead of head nod or shake.
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`MIDWEST LITIGATION SERVICES
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`DAVID TERRY 3/24/2017
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`Page 5
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` A. Okay.
`
` Q. And with that, let's get started.
`
` A. M'mm-hmm.
`
` Q. Can you describe your post high school education?
`
` A. Yes. I did a bachelors degree in computer
`
`science, University of Victoria, and I have done other
`
`course work at UBC and BCIT.
`
` Q. Okay. And the University of Victoria is the only
`
`degree?
`
` A. Yes.
`
` Q. Can you give me a brief work history after
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`college, after your degree, up to Digifonica?
`
` A. Yes. I started off working at a startup and
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`moved on from there to Nortel Networks, moved from there
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`to Motorola, moved from Motorola to another startup, and
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`then to Digifonica.
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` Q. Okay. Can we break those down with general times
`
`and your titles or responsibilities in each of those?
`
` A. Yeah, software engineer basically throughout.
`
` Q. Okay.
`
` A. The longest was at Motorola. I worked for about
`
`three years at Motorola. I don't know if you want exact
`
`dates, I don't have them off the top of my head, but the
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`longest is Motorola; and Nortel, I think, was two years;
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`Bycast Systems was another two years; and my first job at
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`another startup was maybe another year there.
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` So all in the Lower Mainland area pretty much.
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`Yeah, so ...
`
` Q. In what year did you get your CS degree in
`
`University of Victoria?
`
` A. I grad'ed in, like, '92.
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` Q. Okay. And am I correct that you started at
`
`Digifonica March of 2005?
`
` A. Yes.
`
` Q. Okay. And worked there until November of 2006?
`
` A. Yes.
`
` Q. Okay. Where did you go after Digifonica?
`
` A. I went to another startup in VoIP area, again, in
`
`the Lower Mainland, worked there for another couple of
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`years.
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` Q. And how about after that?
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` A. After that, I worked at EPCOR in Edmonton on
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`contract; it was a short contract. And after that, I went
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`to NAV Canada in Ottawa. I have been there for seven
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`years, and I recently moved back to here, so I'm starting
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`a new job.
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` Q. What is your new job?
`
` A. It's at a networking company here in town.
`
` Q. And for the record, that's Vancouver?
`
` A. Yes.
`
`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`IPR2016-01198
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`DAVID TERRY 3/24/2017
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` Q. What is the name of the networking company?
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`Page 7
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` A. Vecima Networks.
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` Q. And when did you begin there?
`
` A. I start on Monday.
`
` Q. Okay. Congratulations.
`
` A. Thanks.
`
` Q. Let's take a step back to your work at
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`Digifonica. In March 2005 what were your high level roles
`
`and responsibilities?
`
` A. Okay. So I did development work on the
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`provisioning server, certificate server, and I did the
`
`packaging for all servers and I did some work with test
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`tools. That's pretty much it. Those are the main things.
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` Q. Okay. I got provisioning server --
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` A. Yeah, provisioning server, certificate server,
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`test tools.
`
` Q. Okay.
`
` A. And packaging.
`
` Q. What is the provisioning server in the Digifonica
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`system?
`
` A. That is where a customer first powers on their
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`phone and it goes to that server to get its profile.
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` Q. The phone touches base with the provisioning
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`server to get which profile?
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` A. To get all -- its configuration.
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` Q. All right. And was there a live provisioning
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`server when you started in March 2005?
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` A. No, because I developed it.
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` Q. Okay. And what was the time frame of that
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`development?
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` A. Six months.
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` Q. Okay. So approximately August of 2005 you went
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`live with a provisioning server that you developed?
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` A. I don't want to say exactly six months because I
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`don't recall exactly when we went live with it.
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` Q. Okay.
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` A. So yeah, it was a ballpark.
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` Q. I see. Before that provisioning server went
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`live, how would an IP phone get its configurations in the
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`Digifonica system?
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` A. It would have to manually provision it.
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` Q. Okay.
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` A. M'mm-hmm.
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` Q. And does that mean that in the March 2005 time
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`frame the Digifonica system was not a full warranted
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`system that was -- well, let me ask it in a different way.
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` Did you have paying customers in the Digifonica
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`system in March 2005?
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` A. I don't know the answer to that.
`
` Q. Okay. Certificate server, what was the
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`MIDWEST LITIGATION SERVICES
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`certificate server?
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` A. So if a customer had a soft phone, just a phone
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`only on the computer, then in order for it to get -- in
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`order for it to hit the provisioning server, it has to
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`present a certificate. So it would go to the certificate
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`server, that would generate a cert, then the software
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`could go into the provisioning server and say, Here's my
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`cert; what is my configuration?
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` Q. Did the IP phones have their own certificate?
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` A. Built in. Built into the firmware.
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` Q. So they did not need to use the certificate
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`server; is that correct?
`
` A. M'mm-hmm.
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` Q. Yeses and nos.
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` A. Yes.
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` Q. It's a little awkward. It's not normal
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`conversation.
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` A. I'm used to just --
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` Q. Okay. And was there a live certificate server in
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`the Digifonica system when you started in March 2005?
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` A. No.
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` Q. And did you also develop the certificate server?
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` A. Yes.
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` Q. Approximately when did the certificate server go
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`live?
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`Fax: 314.644.1334
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` A. Probably a year or so after I started, ballpark.
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` Q. All right. Was packaging server another server
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`Page 10
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`you worked on?
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` A. I worked on the packages.
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` Q. Packages?
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` A. Yes.
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` Q. And what were the packages in the Digifonica
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`system?
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` A. So basically a package is a combination of all
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`the executables, libraries, manuals, release notes,
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`everything packaged up so that when you -- when I install
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`that on the server, you just install the package.
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` Q. So that includes the source code that is
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`responsible for the fuctionality of the system?
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` A. Not the source code.
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` Q. Okay. I'm sorry.
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` A. Just the executables and binaries.
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` Q. Okay. And where does the source code factor in?
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` A. Source code is stored in the source code control
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`system.
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` Q. Okay. Which executables are included in the
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`packages?
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` A. Whichever it needs for that server.
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` Q. Okay. So each server in the Digifonica system
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`has its own package?
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`Fax: 314.644.1334
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` A. M'mm-hmm.
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` Q. And that package includes all executables that
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`Page 11
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`are to be run on that server?
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` A. Yes.
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` Q. Okay. Were there packages that were used as part
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`of the Digifonica system when you started in March 2005?
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` A. Yes.
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` Q. Do you recall which packages for which servers?
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` A. Don't recall.
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` Q. Okay. Do you recall which packages for which
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`servers you developed in your time at Digifonica?
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` A. I cannot give you a list of them all because it's
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`a long time ago. I don't recollect all the packages.
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`There was a lot.
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` Q. Okay.
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` A. Yeah.
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` Q. Were there any kind of important, at a high level
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`packages or servers that you recall working on?
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` A. Well, RBR package for one, yeah. We had a
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`package -- well, I mean, I'm kind of speculating again.
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`I'm pretty sure there was a package for SER, the SIP
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`router, so yeah. But like I say, I don't recollect all
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`the exact packages.
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` Q. Okay. Explain to me what would be in the RBR
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`package?
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`MIDWEST LITIGATION SERVICES
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` A. The RBR server, executables.
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` Q. And I'm not a computer scientist, so am I right
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`that the source code is compiled in order to create the
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`Page 12
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`executables?
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` A. Yes.
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` Q. Okay. So the source code defines the
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`fuctionality, source code is compiled to create
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`executables, those executables go into a package and that
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`package is loaded onto the RBR server; is that all
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`correct?
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` A. That is correct.
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` Q. Okay. What was the state of the RBR software
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`when you started in March 2005?
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` A. I'm going to say that it was under development.
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` Q. Okay.
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` A. Not finalized but under development.
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` Q. Okay. Do you know if the RBR software in March
`
`2005 was sufficiently operational to place calls within
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`the Digifonica system?
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` A. Yes.
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` Q. Okay. What types of calls could you place when
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`you started in March 2005?
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` A. Calls between Digifonica IP phones and between
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`Digifonica IP phone and the PSTN.
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` Q. Okay. And what additional fuctionality was added
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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`DAVID TERRY 3/24/2017
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`between March 2005 when you started and June 2005, which,
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`as you understand, is an important day in this particular
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`Page 13
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`case?
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` A. I don't know what was added.
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` Q. Okay. And you were not responsible for writing
`
`the RBR code that would have added functionalities;
`
`correct?
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` A. No.
`
` Q. Okay. You mentioned test tools as part of your
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`roles and responsibilities. What were test tools?
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` A. For example, SIPp which is a SIP simulator so you
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`could simulate a phone, basically doing SIP messaging.
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` Q. On a computer?
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` A. Yes.
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` Q. What other test tools did you work with?
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` A. RTP traffic generator.
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` Q. Is that to simulate voice packets in a VoIP
`
`telephone call?
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` A. Yes.
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` Q. What other test tools?
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` A. That's all I can remember off the top of my head.
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`Those are the main ones that I recall.
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` Q. And did you personally develop those test tools
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`at Digifonica?
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` A. No.
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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` Q. Did they exist when you started in March 2005?
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` A. They were open source tools.
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` Q. I see. Did you -- what did you do with those
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`open source test tools?
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` A. Just basic simple kind of configuration and, I
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`guess, installation and just basically documenting how to
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`use them, set them up so people on the QA team could use
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`them.
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` Q. Okay. You were not personally on the QA team,
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`though, were you?
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` A. No.
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` Q. Did you in your time at Digifonica use those test
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`tools to test the Digifonica system?
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` A. Yes.
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` Q. Okay. And in what respects did you use those to
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`test the Digifonica system?
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` A. Just to simulate a call, generate traffic, see
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`how the system handled it.
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` Q. Okay. Looking for what, in particular?
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` A. Just trying to verify the operation of the
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`system.
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` Q. Okay. Do you recall when you first used those
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`test tools to simulate operation within the Digifonica
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`system?
`
` A. Fairly soon after starting.
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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` Q. But you couldn't put a specific date on it?
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` A. No.
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` Q. Could you say for certain that you simulated
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`calls within the Digifonica system using those test tools
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`prior to June 2005?
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` A. Probably, yeah. I probably used them prior to
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`June 2005. I probably used them very soon after starting.
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` Q. Okay.
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` A. Yeah. I can't recall the exact date.
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` Q. Okay. Now, I believe you testified that you were
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`not responsible for coding the specific functionalities
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`within the RBR software; is that correct?
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` A. Yes.
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` Q. Were you responsible for defining any
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`functionalities in the RBR software?
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` A. No.
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` MR. HART: I'm going to hand you what has been
`
`marked Exhibit 2003 in this proceeding.
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` (Exhibit No. 2003 was marked for identification
`
` and is attached hereto.)
`
` MR. HART:
`
` Q. Please take a minute to look at it. My question
`
`initially is just, do you recognize this document?
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` A. No, I do not recognize it.
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` Q. Okay. Please turn to page 17 of 35 in Exhibit
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`IPR2016-01198
`Apple EX1012 Page 15
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`DAVID TERRY 3/24/2017
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`Page 16
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`2003.
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` MR. TAYLOR: So I'm -- at this point I'm going to
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`object to questions relating to this. As long as it's
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`okay with you, Paul, all questions on this are outside the
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`scope of his direct.
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` MR. HART: Well, I'm going to use a figure in
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`this document as a jumping off point, so your objection is
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`part of the record, but I'm going to continue my
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`questioning.
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` MR. TAYLOR: Sure. It's just -- if you continue
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`on this, I may make further objections. Do you want me to
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`do that question by question or can we have that objection
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`outstanding for all questions relating to this exhibit?
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` MR. HART: Let's go question by question. I'm
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`not going to spend much time on this document.
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` MR. TAYLOR: Okay.
`
` MR. HART:
`
` Q. Mr. Terry, do you see the blocked diagram on page
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`17 of Exhibit 2003?
`
` A. Yes.
`
` Q. Do you know if this figure accurately represents
`
`the Digifonica system as it existed in June 2005?
`
` A. I do not know that for certain.
`
` Q. Based on your recollection of the Digifonica
`
`system as it existed in June 2005, is there anything you
`
`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`IPR2016-01198
`Apple EX1012 Page 16
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`Page 17
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`would change to the figure on page 17 of Exhibit 2003?
`
` A. No.
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` MR. HART: Okay. I'm going to hand you what has
`
`been labeled Exhibit 2017 in this proceeding.
`
` (Exhibit No. 2017 was marked for identification
`
` and is attached hereto.)
`
` MR. HART:
`
` Q. Please take a look at that. And same question,
`
`do you recognize this document?
`
` A. I do recognize this.
`
` Q. And what is this document?
`
` A. System architecture diagram.
`
` Q. When have you -- or when did you first see this
`
`document, do you recall?
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` MR. TAYLOR: Again, I'm going to object. This is
`
`outside the scope of direct.
`
` MR. HART:
`
` Q. You can answer.
`
` A. Okay. When I started, there was a presentation
`
`done on the overall architecture, and this diagram is very
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`similar to what was presented on white boards.
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` Q. I see. So you have seen -- which diagram are you
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`referencing specifically --
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` A. Well, in general, I'm going to say that the
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`diagrams that were done during that presentation were
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`IPR2016-01198
`Apple EX1012 Page 17
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`similar to this.
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` Q. I see. So you don't know for sure if you have
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`seen Exhibit 2017 --
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` A. Not exactly this diagram, but yeah.
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` Q. Can you turn to page 3 of 4 in Exhibit 2017. Do
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`you know if this figure accurately represents a Digifonica
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`system as it existed in June 2005?
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` A. I think so.
`
` Q. Okay. Is there anything you would change in this
`
`figure to more accurately depict the system -- Digifonica
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`system as it existed in June 2005?
`
` A. No.
`
` Q. If I want to ask you high level kind of roles and
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`responsibilities of the components in the Digifonica
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`system, is this Exhibit 2017 figure a good figure to use
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`as a reference?
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` MR. TAYLOR: Objection. Outside the scope of
`
`direct.
`
` MR. HART:
`
` Q. Let me ask it a different way. Does the figure
`
`on page 3 of Exhibit 2017 depict the main components of
`
`the Digifonica system as it existed in June 2005?
`
` A. Yes, I think it does.
`
` Q. Okay. There's a box in this figure labeled
`
`"B2BUA." Do you see that?
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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` A. Yes.
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` Q. What is the B2BUA?
`
` A. It's short for "Back To Back User Agent."
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` Q. What responsibilities did that have in the
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`Digifonica system?
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` A. Getting a little bit outside of my knowledge area
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`with that.
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` Q. Okay.
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` A. Yeah.
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` Q. Do you have any high level understanding of what
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`the B2B -- the Back To Back User Agent did in the
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`Digifonica system?
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` MR. TAYLOR: Objection. Outside the scope of
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`direct.
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` THE WITNESS: I don't have enough expertise to
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`sort of summarize it well enough. So I don't know if I
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`want to really get into that.
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` MR. HART:
`
` Q. That's fine. Okay.
`
` A. Yeah.
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` Q. I take it you did not write any code for the Back
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`To Back User Agent.
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` A. No.
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` Q. Do you know how many Back To Back User Agents
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`existed in June 2005 in the Digifonica system?
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`Fax: 314.644.1334
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`Apple EX1012 Page 19
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`DAVID TERRY 3/24/2017
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` A. One per supernode.
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` Q. And am I correct that there were two supernodes
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`Page 20
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`as of June 2005?
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` A. Yes.
`
` Q. One in Vancouver; one in London?
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` A. Yes.
`
` Q. Do you know if the Back To Back User Agents had
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`packages of executables and documentation like the RBR
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`server did?
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` MR. TAYLOR: Objection. Outside the scope of
`
`direct.
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` THE WITNESS: In general, each server had a
`
`package installed on it, right. So for each server they
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`would have a package in general.
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` MR. HART:
`
` Q. Do you know if there were regular version changes
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`of the Back To Back User Agent packages in the June 2005
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`time frame?
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` A. I don't know that.
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` Q. Okay. And you wouldn't know what version was
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`running on the Back To Back User Agent in June 2005?
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` A. I don't know.
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` Q. Okay. There's another block in this figure,
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`RADius. What is that component?
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` A. RADius server.
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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` Q. And just another tip, Kerry, your attorney, may
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`object after my questions. Just give him a quick pause
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`before you start answering my question to jump in there if
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`he needs to.
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` What was the RADius server in the Digifonica
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`system?
`
` A. Again, it's going a little bit outside of my
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`scope, so I don't know if I can really summarize it very
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`very well.
`
` Q. Okay. Even at a high level?
`
` A. It's -- basically it's an accounting protocol.
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`So at a very high level description, it's handling
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`accounting. That's the RADius protocol is an accounting
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`protocol. And the authorization for it, there's different
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`components to it, but, again, it's outside of my scope.
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` Q. So you did not write code for the RADius server?
`
` A. No.
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` Q. You don't know what version of the RADius code
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`may have been running in June of 2005?
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` A. I don't know.
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` Q. Okay. Moving on to the next component, there's a
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`box labeled "DB" in this figure in Exhibit 2017. Do you
`
`see that?
`
` A. Yes.
`
` Q. Do you know what DB was in the Digifonica system?
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`IPR2016-01198
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` MR. TAYLOR: Objection. Outside the scope.
`
` THE WITNESS: It's the main Digifonica database
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`Page 22
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`of user profiles.
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` MR. HART:
`
` Q. So the DB components stored user profiles for all
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`Digifonica users; is that correct?
`
` A. Yes.
`
` Q. What else did the DB database store?
`
` A. I don't know.
`
` Q. Did you personally write any software for the
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`Digifonica database?
`
` A. No.
`
` Q. Do you know how many Digifonica databases existed
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`in the system as of June 2005?
`
` A. I don't know.
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` Q. And do you know what version software was running
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`on any database as of June 2005?
`
` A. No, I don't know.
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` Q. Do you know if there was an active Digifonica
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`database running in the system in June 2005?
`
` A. Yes.
`
` Q. And how do you know that?
`
` A. Because that's what the provisioning server hit.
`
` Q. I believe you testified that you developed the
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`provisioning server; correct?
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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` A. Yes.
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` Q. And you were not sure when the provisioning
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`server came online; is that correct?
`
` A. I don't know the exact date.
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` Q. Do you know for sure that the provisioning
`
`server -- I believe I asked you this before -- do you know
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`for sure that the provisioning server was online as of
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`June 6th, 2005?
`
` A. It probably was.
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` Q. But you don't know for sure?
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` A. I don't know for certain.
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` Q. If the provisioning server was not online as of
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`June 6th, 2005, do you know that there was an active
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`Digifonica database in the system as of June 6th, 2005?
`
` A. Yeah, there was.
`
` Q. And how do you know that?
`
` A. Because you could make calls at that time.
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` Q. And how does that tell you that there was an
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`active Digifonica database?
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` A. Because you would have to have users in that
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`database to make calls.
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` Q. Who could make calls in the -- as of June 6th,
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`2005?
`
` A. Who?
`
` Q. Yes.
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`Page 24
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` A. Users.
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` Q. What users did Digifonica have as of June 6th,
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`2005?
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` A. I don't know how many but they did have users.
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` Q. Did they have paying users as of June 6th, 2005?
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` A. I don't know if they were paying or whether they
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`weren't paying. I'm not sure.
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` Q. Okay. And you don't -- do you know the identity
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`of any users as of June 6th, 2005?
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` A. No.
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` Q. Was there anything other than user profiles
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`stored on the Digifonica database as of June 6th, 2005?
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` A. Don't know.
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` Q. Do you know whether there is any documentation
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`that would corroborate the information that may have been
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`contained on the database as of June 2005?
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` A. Yes, I don't know.
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` MR. HART: I'm going to hand you what has been
`
`marked in this proceeding Exhibit 2014.
`
` (Exhibit No. 2014 was marked for identification
`
` and is attached hereto.)
`
` MR. HART:
`
` Q. Do you recognize this document?
`
` A. No. It's the source code for the RBR server, but
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`I didn't write it so I can't say that I really recognize
`
`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`IPR2016-01198
`Apple EX1012 Page 24
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`it.
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` Q. And you know it's the source code for the RBR
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`server how?
`
` A. Because it says right at the top, "Rating Billing
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`Routing."
`
` Q. Do you have any familiarity with the RBR code?
`
` MR. TAYLOR: Objection. Outside the scope of
`
`direct.
`
` THE WITNESS: Yeah, no, I'm not familiar with the
`
`code.
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` MR. HART:
`
` Q. Okay. Am I correct that you did not review
`
`Exhibit 2014 incident to preparing your declaration that
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`was submitted in this proceeding?
`
` A. I did look at this code prior.
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` Q. But you were not familiar with that code when it
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`was live in June 2005?
`
` A. No.
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` Q. Okay. What did you look at this code to do
`
`incident to preparing your declaration?
`
` A. Just a general kind of review.
`
` Q. So any knowledge you may have gleaned from
`
`reviewing Exhibit 2014 was knowledge new to you incident
`
`to preparing your declaration, not a refresher of
`
`knowledge that you had in 2005; correct?
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2016-01198
`Apple EX1012 Page 25
`
`
`
`DAVID TERRY 3/24/2017
`
`Page 26
`
`1
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` A. Yes.
`
` Q. Yes?
`
` A. Yes.
`
` Q. Do you have any personal knowledge that the
`
`source code in Exhibit 2014 accurately reflects the RBR
`
`code as it existed on June 6th, 2005?
`
` A. Yeah, I don't know.
`
` Q. And you did not do anything to confirm that it
`
`does, line for line, represent the RBR software as it
`
`existed in June 2005?
`
` A. No.
`
` Q. Is it possible that the software source code in
`
`Exhibit 2014 is different from the RBR code that existed
`
`in June -- on June 6th, 2005?
`
` A. Is it possible?
`
` MR. TAYLOR: Objection. Foundation. Calls for
`
`expert opinion.
`
` MR. HART:
`
` Q. Sorry, your answer was ...?
`
` A. It's possible.
`
` Q. You just don't know?
`
` A. I don't know.
`
` Q. Okay. On page 1, the header states
`
`"call_E164.class.E1HP." Do you see that?
`
` A. What line number you at?
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2016-01198
`Apple EX1012 Page 26
`
`
`
`DAVID TERRY 3/24/2017
`
`Page 27
`
`1
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`2
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`3
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` Q. It's in the header before the line numbers.
`
` A. There's a comment section right after the PHP
`
`opening brackets. Is that what you're looking at now?
`
` Q. Sorry, can I see the version you have. Above
`
`line 1, call_E164. Do you see that?
`
` A. You talking about the name of the file?
`
` Q. The name of the file.
`
` A. Okay.
`
` Q. Do you know who wrote this file?
`
` A. Yes.
`
` Q. Who was that?
`
` A. Fuad Arafa.
`
` Q. Who is Fuad Arafa?
`
` A. He's the developer that worked on the RBR server.
`
` Q. When did he work for Digifonica?
`
` A. I don't know exact dates. He was there when I
`
`started.
`
`
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