Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 1 of 208 PageID #: 32695
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`1
`
`CIVIL ACTION NO.
`
`6:12-cv-855-RWS
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`(Lead Consolidated Case)
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`Tyler, Texas
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`January 29, 2016
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`9:06 a.m.
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`VIRNETX INC. AND SCIENCE
`
`APPLICATIONS INTERNATIONAL
`
`CORPORATION,
`
`Plaintiffs,
`
`VS.
`
`APPLE INC.,
`
`Defendant.
`
`---------------------------------------------------------
`
`REPORTER'S TRANSCRIPT OF JURY TRIAL, VOLUME 5
`
`BEFORE THE HONORABLE ROBERT W. SCHROEDER III
`
`UNITED STATES DISTRICT JUDGE
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`---------------------------------------------------------
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`1
`
`CIVIL ACTION NO.
`
`6:12-cv-855-RWS
`
`(Lead Consolidated Case)
`
`Tyler, Texas
`
`January 29, 2016
`
`9:06 a.m.
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`VIRNETX INC. AND SCIENCE
`
`APPLICATIONS INTERNATIONAL
`
`CORPORATION,
`
`Plaintiffs,
`
`VS.
`
`APPLE INC.,
`
`Defendant.
`
`---------------------------------------------------------
`
`REPORTER'S TRANSCRIPT OF JURY TRIAL, VOLUME 5
`
`BEFORE THE HONORABLE ROBERT W. SCHROEDER III
`
`UNITED STATES DISTRICT JUDGE
`
`---------------------------------------------------------
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 2 of 208 PageID #: 32696
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`APPEARANCES:
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`COURT REPORTER:
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`2
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`BRENDA HIGHTOWER SMITH, CSR-FCRR
`Official Court Reporter
`Eastern District of Texas
`Texarkana Division
`500 N. State Line Ave, Third Floor
`Texarkana, Texas
`75501
`903.794.1018
`brenda_smith@txed.uscourts.gov
`
`(Proceedings recorded by mechanical stenography,
`transcript produced on CAT system.)
`
`FOR THE PLAINTIFF:
`
`FOR THE DEFENDANT:
`
`BRADLEY W. CALDWELL
`JASON D. CASSADY
`JOHN AUSTIN CURRY
`CALDWELL CASSADY & CURRY
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas
`75201
`
`T. JOHN WARD, JR.
`WARD, SMITH & HILL, PLLC
`1127 Judson Road, Suite 220
`Longview, Texas
`75601
`
`ROBERT CHRISTOPHER BUNT
`PARKER BUNT & AINSWORTH
`100 East Ferguson, Suite 1114
`Tyler, Texas
`75702
`
`GREGORY S. AROVAS
`ROBERT A. APPLEBY
`JEANNE M. HEFFERNAN
`JOSEPH A. LOY
`LESLIE M. SCHMIDT
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, New York
`
`10022
`
`F. CHRISTOPHER MIZZO
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street, N.W.
`Washington, D.C.
`20005
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 3 of 208 PageID #: 32697
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`3
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`AKSHAY S. DEORAS
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, California
`
`94104
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`MICHAEL E. JONES
`JOHN F. BUFE
`ALLEN F. GARDNER
`POTTER MINTON
`110 North College Avenue, Suite 500
`Tyler, Texas
`75702
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`******************************************
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 4 of 208 PageID #: 32698
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`(Open court, all parties present, jury not
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`4
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`COURT SECURITY OFFICER:
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`All rise.
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`THE COURT:
`
`Be seated.
`
`Good morning.
`
`Sorry we're a little late
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`Do we have objections with respect to this
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`present.)
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`starting.
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`witness?
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`MR. CALDWELL:
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`There is one objection that we
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`have to an exhibit.
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`Excuse me.
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`Sorry, Your Honor.
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`May it please the Court.
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`And Apple may be making a record here, but
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`with this first -- this first witness who they're calling
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`as an engineer, Thomas Jansen -- and there are a few
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`other engineers they're calling later today -- in the
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`exchange of defendant's exhibits that they want to bring
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`in, they are bringing in or they're claiming to bring in
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`Apple patents on not real innovative, not high-level
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`stuff, but on the -- related to the accused functionality
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`and features.
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`And it's -- you've already ruled on this
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`motion in limine.
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`I realize that's not an exclusion and
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`they have to approach, but the fact that it's on these
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`exhibit lists concerns us.
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`I could show you one if it would help.
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`But --
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 5 of 208 PageID #: 32699
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`for example, it's this first witness, Thomas Jansen.
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`title is "Establishing a connection for a video call."
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`And I won't re-argue my presentation for the motion in
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`5
`The
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`limine ruling.
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`THE COURT:
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`Sure.
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`MR. CALDWELL:
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`But Your Honor already granted
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`that motion in limine, that we wouldn't be going there.
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`And they've, I think, actually already gone well beyond
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`the level of generality that Apple is innovative and has
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`patents that were agreed to in the motion in limine.
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`But
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`it shouldn't go any further than what they've been
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`parading around with the display from the Smithsonian
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`so...
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`THE COURT:
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`Yeah, let me see -- let me see it,
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`if I could.
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`MR. CALDWELL:
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`Okay.
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`You told us last night
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`you were, so you're withdrawing it?
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`MR. AROVAS:
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`Your Honor, maybe it makes sense
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`for this coming issue, so in support of our --
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`THE REPORTER:
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`I can't hear you.
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`MR. AROVAS:
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`There are two patents, Your
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`Honor, that come up.
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`It does not come up with this first
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`witness.
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`No patent is being used with this first
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`witness.
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`THE COURT:
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`All right.
`
`Let's -- let's go
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 6 of 208 PageID #: 32700
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`6
`ahead and start with the jury, then, if it's not going to
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`come up with this witness.
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`MR. AROVAS:
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`Yeah.
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`It will, Your Honor, come
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`up with the second witness.
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`THE COURT:
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`Okay.
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`MR. AROVAS:
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`And it was the issue you had said
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`we should approach on.
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`THE COURT:
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`Okay.
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`Very well.
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`We'll address
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`it when we get to the next witness.
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`MR. AROVAS:
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`Thank you.
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`THE COURT:
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`Let's have the jury brought in.
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`COURT SECURITY OFFICER:
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`All rise for the
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`jury.
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`(Jury in.)
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`THE COURT:
`
`Please be seated.
`
`Good morning, ladies and gentlemen.
`
`Welcome
`
`back.
`
`Hope everybody had a nice evening last night.
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`Defendant Apple may call their next witness.
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`MR. APPLEBY:
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`Thank you, Your Honor.
`
`Apple calls Thomas Jansen, Your Honor.
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`(Witness sworn.)
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`MR. MIZZO:
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`Your Honor, can I just approach
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`and hand out notebooks?
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`MR. APPLEBY:
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`May I proceed, Your Honor?
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`THE COURT:
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`You may.
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 7 of 208 PageID #: 32701
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`7
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`MR. APPLEBY:
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`May it please the Court.
`
`THOMAS JANSEN, DEFENDANT'S WITNESS, SWORN
`
`DIRECT EXAMINATION
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`BY MR. APPLEBY:
`
`Q.
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Good morning, Dr. Jansen.
`
`Good morning.
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`And where do you live?
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`I live in Hamburg, Germany.
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`And who do you work for?
`
`I work or Apple.
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`Do you have a family?
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`Yes, I do.
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`I have a wife and two little daughters
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`and a dog.
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`Q.
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`Now, you live in Germany now.
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`Have you ever lived
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`in the United States?
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`A.
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`I did.
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`I lived in the United States from 2008 to
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`May 2015.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`Now, how long have you worked for Apple?
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`It's been six and a half years now.
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`What is your position at the company?
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`I'm a senior software engineer.
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`Now, is there a specific department at Apple in
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`which you work?
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`09:08AM
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`A.
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`Yes.
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`I work for a team called real-time
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`communications, which is part of a large organization
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 8 of 208 PageID #: 32702
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`8
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`called media systems.
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`Q.
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`And that was a mouthful.
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`So maybe it might help
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`for us to learn what products, Apple products, that you
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`have worked on.
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`A.
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`So the real-time communications team works on the
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`networking functionalities in several of Apple's
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`products.
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`Mainly those products that deal with sending
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`audio and video data.
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`So for this case, probably most relevant is
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`FaceTime.
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`So the team is working on the networking
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`foundation of FaceTime.
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`But there is -- there are other
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`applications, too, like screen sharing or just regular
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`phone functionality or something called GameKit.
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`So it's
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`used in -- in quite a set of products.
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`Q.
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`And you mentioned FaceTime.
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`Is there a specific
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`area of FaceTime that you've worked on?
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`A.
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`Yes.
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`So the networking side of FaceTime, which
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`basically means connecting two devices and maintaining
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`this connection.
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`Q.
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`Now, I'm going to want to talk about FaceTime more
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`21
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`in a minute.
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`But before we do that, I would like to step
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`22
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`back and talk a bit about your background.
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`Q.
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`09:09AM
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`Where did you grow up?
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`I grew up in Germany.
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`And did you go to university in Germany as well?
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`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 9 of 208 PageID #: 32703
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`9
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`Yes, I did go to the University of Bonn.
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`And did you receive a degree?
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`I got a master's -- I got a master's degree, yeah.
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`And what area was that master's --
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`That was in computer science.
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`And did you go on further to graduate school after
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`that?
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`A.
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`Yes.
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`After that I went to the Technical
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`University of Munich and got my Ph.D. also in computer
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`science.
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`Q.
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`A.
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`Q.
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`A.
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`And what year did you receive your Ph.D.?
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`That was in 2007.
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`And what was the focus of your work?
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`So the general area was computer science, and the
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`focus was computer graphics.
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`Q.
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`So can you briefly tell us what you did after you
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`received your Ph.D. but before you joined Apple?
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`A.
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`So while I was working on my Ph.D., I actually
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`worked in a research institute on medical visualization;
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`and I continued working there for six more months.
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`After that, I joined a company called Turtle
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`Entertainment, that has a lot to do with computer games.
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`And after that I moved to the U.S. -- that was
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`in 2008 -- and joined a company call Dyyno, and they had
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`a product that allowed to broadcast video streams over
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 10 of 208 PageID #: 32704
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`10
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`the Internet.
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`Q.
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`A.
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`Q.
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`A.
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`And then after that, you joined Apple?
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`Exactly.
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`So what motivated you to join Apple?
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`Many things.
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`So, first of all, I heard a lot of
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`good things about Apple as an employer.
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`I also really
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`could relate to the products.
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`I had Apple products
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`myself, and I really liked the -- the details that were
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`put into these products.
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`I also thought that from an engineering
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`perspective it's really interesting to work for a company
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`like Apple because they have very unique problems to
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`solve.
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`And that, obviously, like the challenging part is
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`very interesting.
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`There was also an aspect of stability.
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`Apple
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`is a big company and provides stability.
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`And when I
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`joined, that was in 2009; and there was a financial
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`crisis going on.
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`I wanted to start a family, and I -- I
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`was looking for stability, and Apple could provide that.
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`Q.
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`A.
`
`Q.
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`A.
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`Now, what was your first position at the company?
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`I was a software engineer.
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`And what did you work on when you first came?
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`The first product I worked on -- so I started
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`immediately working on the networking side of things.
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`And the first product I worked on was something called
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 11 of 208 PageID #: 32705
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`11
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`GameKit.
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`So on iOS devices there are a lot of games.
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`And Apple provides some functionality to support game
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`developers.
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`And one function, actually, that is provided
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`is that it allows you to play games against other people
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`all over the world.
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`And there's a lot of networking
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`involved.
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`And that's what I worked on.
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`Q.
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`When did you start --
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`THE COURT:
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`Let me ask the witness to slow
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`down just a little bit, please.
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`THE WITNESS:
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`I will.
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`Thank you.
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`THE COURT:
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`Thank you.
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`Q.
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`(By Mr. Appleby) When did you start working on
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`FaceTime?
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`A.
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`So as I was saying, I started immediately working
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`on the networking layer.
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`And the networking layer of
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`GameKit, the product I worked on, is actually the same
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`networking layer that is also used in FaceTime and other
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`products.
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`So even the very first things I worked on in
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`GameKit had an impact on FaceTime.
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`But the first
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`FaceTime exclusive features I worked on I probably
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`started working on in 2010.
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`Q.
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`Now, over the time you've been at Apple, have you
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`been promoted?
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`A.
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`Q.
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`09:13AM
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`Yes.
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`I got promoted twice.
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`And did your responsibilities regarding FaceTime
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`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 12 of 208 PageID #: 32706
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`12
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`change with those promotions?
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`A.
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`With every promotion, I got more and more
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`responsibilities in FaceTime.
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`And at the end, as a
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`senior software engineering manager, I actually managed
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`two of the teams that were responsible for the FaceTime
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`networking site.
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`So basically all of FaceTime
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`networking.
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`Q.
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`Now, you mentioned that you moved back to Germany
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`in 2015.
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`Why did you return to Germany?
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`A.
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`Personal reasons.
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`I just wanted to be closer to
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`my family again.
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`The second daughter was on the way --
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`she's six months old now -- and we just wanted to be --
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`we wanted to give our daughters opportunity to just grow
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`up with like significant parts of the family around.
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`Q.
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`A.
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`Q.
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`And did Apple support your decision to do that?
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`Yes.
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`And I'm very thankful for that.
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`So now that we've talked about your background,
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`I'd like to return to discuss FaceTime in particular.
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`09:14AM
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`A.
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`Q.
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`A.
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`Q.
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`Uh-huh.
`
`When was FaceTime first released?
`
`FaceTime was released in 2010 as part of iOS 4.
`
`And generally, how many engineers within Apple
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`were involved in creating FaceTime?
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`A.
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`That's a really tough question.
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`Software
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`engineering in general, especially at a company like
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 13 of 208 PageID #: 32707
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`Apple, is not -- is not really that everyone works just
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`on one product.
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`So there's a lot of foundational work
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`that needs to be done.
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`And sometimes a developer works
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`on something where they don't even know that it has a big
`
`impact or brings in huge optimizations into the final
`
`product.
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`So I believe that a lot of the engineers
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`initially didn't even know they were working on FaceTime,
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`but they ended up with a lot of functionality in FaceTime
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`that was initially not intended for FaceTime.
`
`So it's hard to say; but if I can give a
`
`range, I probably would say something between 50 and 150
`
`people.
`
`Q.
`
`A.
`
`And how long did the development of FaceTime take?
`
`Very similar to the question before.
`
`It's hard to
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`say.
`
`Probably if you look at the source code of
`
`FaceTime, you will find snippets that are 10, 15 years
`
`old.
`
`But that doesn't mean they were created for
`
`FaceTime.
`
`What I know is that the first talks to have a
`
`video messaging system on iOS were probably three to four
`
`years before FaceTime actually got released in 2010.
`
`Q.
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`And why did it take so long to bring FaceTime to
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`the market?
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`A.
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`Because it's a complex piece of software.
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`It
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 14 of 208 PageID #: 32708
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`might look easy; it might look like, oh, it's just a
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`button press; but there is a lot going on.
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`There's a lot
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`of demands on the hardware.
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`There's a lot of demands on
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`the software.
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`And Apple is -- I believe Apple is known
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`to release software that has a certain quality.
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`So it
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`just took time to get it right.
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`Q.
`
`Okay.
`
`So now I would like to talk about how
`
`FaceTime operates.
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`And do you have some slides to help
`
`illustrate that?
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`1 2 3 4 5 6 7 8 9
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`I believe I do, yes.
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`Okay.
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`So let's put the first one of those up.
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`And can you tell us what generally FaceTime
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`A.
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`Q.
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`is?
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`A.
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`So FaceTime is a video messaging system.
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`And,
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`well, practically that means if you have two devices, you
`
`can call each other and you can see each other and listen
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`to each other.
`
`Q.
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`And -- and what are we looking at here in this
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`figure?
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`A.
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`So this is just an example, a use case.
`
`So in
`
`this case, a granddaughter makes a FaceTime call with the
`
`grandfather; and they see each other and can listen to
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`each other.
`
`Q.
`
`Now, on this figure, we see a pair of iPhones; but
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`is FaceTime limited to iPhones?
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`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 15 of 208 PageID #: 32709
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`A.
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`No, it's not.
`
`FaceTime works also on iPod
`
`Touches, on iPads, on Mac laptops and desktop machines.
`
`Q.
`
`Okay.
`
`MR. APPLEBY:
`
`So let's turn to the next slide.
`
`Q.
`
`(By Mr. Appleby) And can you explain at a high
`
`level the components that we see here?
`
`A.
`
`Yes.
`
`So on the left side and on the right side,
`
`you see the two phones that actually have the FaceTime
`
`conversation.
`
`So on the left side, you see the calling
`
`iPhone; and on the right side, you see the receiving
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`iPhone.
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`And at the top and the bottom, you see
`
`something that's kind of in the background.
`
`So at the
`
`top, there's a so-called FaceTime invitation server that
`
`helps bootstrap a FaceTime call.
`
`And at the bottom,
`
`there is a relay server that helps work around some
`
`difficult network topologies to set up a connection.
`
`Q.
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`So what specifically is the FaceTime invitation
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`server?
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`A.
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`The FaceTime invitation server is used in the very
`
`beginning of a call to basically forward some information
`
`from the calling iPhone to the receiving iPhone.
`
`So if someone calls or sets up a FaceTime call
`
`from the calling iPhone to the receiving iPhone, there is
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`some piece of information that is sent and the FaceTime
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 16 of 208 PageID #: 32710
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`invitation server relays this or forwards this
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`information.
`
`Q.
`
`A.
`
`And the relay, sir?
`
`So after this information is exchanged, we try to
`
`set up a connection, because we want to send audio and
`
`video data; and this connection -- there are two types of
`
`connections that we try to establish.
`
`The first one is a so-called peer-to-peer
`
`connection, which basically tries to send the audio and
`
`video data in the most efficient route through the
`
`antenna.
`
`But sometimes that's not possible.
`
`The
`
`Internet is a tough place for data to be sent around.
`
`So in this case, what we came to is to send
`
`the data to a relay server, and the relay server just
`
`relays or forwards this information to the other side, to
`
`the receiving iPhone, which has a high rate of success.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Now, is the relay server an Apple server?
`
`No, it is not.
`
`And who provides the relay server?
`
`The relay servers in FaceTime are owned and
`
`operated by a company called Akamai.
`
`Q.
`
`Now, looking at this diagram, what components of
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`FaceTime did you work on?
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`A.
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`So I worked on the so-called client side software,
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`which basically is a software that runs on the phone, so
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`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 17 of 208 PageID #: 32711
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`on the calling iPhone and the receiving iPhone.
`
`Q.
`
`Now, what knowledge do you have about the FaceTime
`
`invitation server?
`
`A.
`
`The knowledge I have is about the communication to
`
`the invitation server, so what data we send to the
`
`invitation server and what data do we receive from the
`
`invitation server.
`
`But I don't have -- I didn't work on
`
`the invitation server software, so that's where my
`
`knowledge stops.
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`09:20AM
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`Q.
`
`Okay.
`
`So I'd like to talk now about how a
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`FaceTime call gets established.
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`MR. APPLEBY:
`
`And if we could flip to the next
`
`slide.
`
`Q.
`
`(By Mr. Appleby) And could you, using this slide,
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`09:20AM
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`explain what the first step is in establishing a FaceTime
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`call?
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`A.
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`Yes.
`
`So very practically, what's happening when you
`
`want to set up a FaceTime call is you pick someone in
`
`your contact list.
`
`So in this case, granddaughter picks
`
`the -- the identifier or the contact details of the
`
`grandfather and says:
`
`Let's have a FaceTime call.
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`And under the -- the calling iPhone then
`
`collects some information, wraps everything up in a
`
`message, and sends this so-called initiate message to the
`
`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 18 of 208 PageID #: 32712
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`invitation server.
`
`Q.
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`And what generally at a high level is in that
`
`initiate message?
`
`A.
`
`So there are two important pieces of information
`
`there.
`
`One is the IP address of the calling iPhone,
`
`which in the slides is indicated as this green number on
`
`top of the iPhone, so 121 and so on.
`
`So it collects its
`
`own IP address.
`
`And the second important piece of information
`
`is the Apple ID or something that's called FaceTime ID.
`
`That's basically how you indicate who you want to call.
`
`Q.
`
`A.
`
`And what is the FaceTime ID or the Apple ID?
`
`It's a phone number of the receiving iPhone or the
`
`e-mail address, in this case, of grandpa.
`
`Q.
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`And does FaceTime encrypt or protect the FaceTime
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`ID or Apple ID?
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`A.
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`Yes, it does.
`
`So the communication between the
`
`phone and the invitation server is encrypted.
`
`Q.
`
`Now, when the FaceTime invitation server receives
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`09:21AM
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`this initiate message, what is the next step?
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`THE COURT:
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`Mr. Appleby, I have to ask you to
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`slow down; and I have to ask the witness to slow down as
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`well.
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`MR. APPLEBY:
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`I apologize, Your Honor.
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`THE COURT:
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`Please.
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`Thank you.
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`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 19 of 208 PageID #: 32713
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`19
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`Q.
`
`(By Mr. Appleby) When the FaceTime invitation
`
`server receives the initiate message, what is the next
`
`step in the call establishment?
`
`A.
`
`So the initiate message was sent from the calling
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`iPhone to the invitation server and the invitation server
`
`basically takes the Apple ID to find out where this
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`initiate message should be forwarded to and then it just
`
`sends the initiate message to the receiving iPhone.
`
`Q.
`
`Okay.
`
`And, Dr. Jansen, if you could just slow
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`09:22AM
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`down a little bit in your responses, I think it would
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`help all of us.
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`A.
`
`Q.
`
`Okay.
`
`When the receiving device receives the initiate
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`message, what happens then?
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`A.
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`So very practically, the phone starts ringing.
`
`So
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`that indicates an incoming call.
`
`Q.
`
`Okay.
`
`Now turning to the next slide, assuming
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`that the user answers the phone, what happens next?
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`A.
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`So once the user of the receiving iPhone accepted
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`the call, it's basically the same process in reverse.
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`So
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`the receiving iPhone collects information about itself.
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`So, again, that's the IP address.
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`This time,
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`it's the IP address of the receiving iPhone.
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`So the one
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`in this example starting with 230.
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`It wraps this
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`information in a new message called the accept message,
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 20 of 208 PageID #: 32714
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`and that accept message is then sent to the invitation
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`server.
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`Q.
`
`And does the FaceTime invitation server send the
`
`accept message on to the calling device?
`
`A.
`
`Q.
`
`Yes, exactly.
`
`Now, let's flip to the next slide.
`
`And after the calling iPhone receives the
`
`accept message, what generally happens then?
`
`A.
`
`So once the calling iPhone receives the accept
`
`message, it has all the information it needs to set up a
`
`connection with the phone directly.
`
`So without any need
`
`for the invitation server.
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`And this information it needs is the IP
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`address of the receiving iPhone.
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`So it has its own IP
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`address and it has the IP address of the receiving iPhone
`
`and that is all it takes to set up a connection.
`
`I think I mentioned before that there are two
`
`types of connections.
`
`One is a peer-to-peer connection,
`
`so the most efficient route through the Internet from the
`
`calling iPhone to the receiving iPhone.
`
`But at the same
`
`time we try to establish a peer-to-peer connection, we
`
`also try to establish a relay connection.
`
`That's done in
`
`parallel.
`
`And we basically wait, who's done first.
`
`So
`
`this is our metric to see which is the best connection.
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 21 of 208 PageID #: 32715
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`21
`Sometimes the peer-to-peer connection is better or set up
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`quicker.
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`Sometimes the relay connection is set up
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`quicker.
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`And we basically just pick whoever is done
`
`first and take that as a connection.
`
`We later then send
`
`the audio and video data over.
`
`Q.
`
`Okay.
`
`Let me show you DTX498.
`
`MR. APPLEBY:
`
`Could you bring that up?
`
`Q.
`
`(By Mr. Appleby) And what are we looking at,
`
`Dr. Jansen?
`
`A.
`
`This is a document describing the Session
`
`Initiation Protocol, called SIP.
`
`Q.
`
`A.
`
`And what is the Session Initiation Protocol?
`
`First of all, it's a standard.
`
`And the abstract,
`
`if you go down just a little bit, abstract actually does
`
`a good job in describing what it is.
`
`So the Session
`
`Initiation Protocol is an application layer control
`
`signaling protocol for creating, modifying, and
`
`terminating sessions with one or more participants.
`
`These sessions include Internet multiple media
`
`conferences, Internet telephone calls and multimedia
`
`distribution.
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`So in my own words, the Session Initiation
`
`Protocol is used to make sure that both phones know what
`
`they're talking about.
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`So we are about to send audio and
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`video data.
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`But that can come in a lot of different
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 22 of 208 PageID #: 32716
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`flavors.
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`We have to make sure that we send it in the
`
`right flavor that can be understood by the receiving
`
`iPhone.
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`And to negotiate this flavor, the Session
`
`Initiation Protocol is used.
`
`Q.
`
`And I think that anticipated my next question:
`
`How does this Session Initiation Protocol, if at all,
`
`relate to FaceTime?
`
`A.
`
`FaceTime is using the SIP protocol, the SIP
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`standard.
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`09:26AM
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`09:27AM
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`Q.
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`Okay.
`
`So let me show you another document,
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`DTX500.
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`09:27AM
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`09:28AM
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`And what are we looking at here, Dr. Jansen?
`
`A.
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`This document describes a so-called Secure
`
`Real-time Transport Protocol send up, SRTP.
`
`Q.
`
`A.
`
`And what is that?
`
`So I feel the abstract doesn't do a really good
`
`job in explaining what this is, so I'll just explain it
`
`in my own words.
`
`So the Secure Real-time Transport Protocol is
`
`an extension of the Real-time Transport Protocol.
`
`And
`
`the Real-time Transport Pro- -- Protocol, sorry, is a
`
`product called explaining how we should send media data.
`
`So audio and video data.
`
`So whenever we send audio and
`
`video data, it's sent in the Real-time Transport
`
`Protocol.
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`And in the secure piece basically means it's
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`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 23 of 208 PageID #: 32717
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`encrypted.
`
`The audio and video data is encrypted.
`
`Q.
`
`Okay.
`
`So I want to talk specifically about some
`
`of the messages involved in how a FaceTime call gets
`
`established.
`
`MR. APPLEBY:
`
`Can we go to the next slide?
`
`Q.
`
`(By Mr. Appleby) And what are we looking at here,
`
`Dr. Jansen?
`
`A.
`
`So there's a lot going on in this slide.
`
`I can
`
`already say that we're only talking about peer-to-peer,
`
`so the relay server can be ignored in this case and the
`
`FaceTime invitation server can be ignored because the
`
`connection is already set up.
`
`So as I said, the Session Initiation Protocol
`
`is used to make sure that both phone call -- phones know
`
`what they're talking about.
`
`And this is done in -- by
`
`sending a so-called SIP invite message.
`
`The calling
`
`phone sends a SIP invite message to the receiving phone.
`
`And this message contains information about these are the
`
`different video resolutions we support, these are the
`
`different video compression schemes that we support.
`
`This is the hardware, and the software is running on.
`
`All information that helps making sure that
`
`both phones send and receive the right set of information
`
`or the right format of information.
`
`And then the receiving iPhone takes this
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`09:29AM
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 24 of 208 PageID #: 32718
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`information, adds its own piece, and sends a so-called
`
`SIP response message back.
`
`Q.
`
`And so let's turn to the next slide.
`
`And what do
`
`we see here?
`
`A.
`
`So once both phones know the flavor of audio and
`
`video data they can handle, we start sending audio and
`
`video data using the aforementioned SRTP protocol.
`
`Q.
`
`Okay.
`
`So now that we've talked about how calls
`
`are established and what information is transferred, I
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`09:29AM
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`09:30AM
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`would like to talk about security that may be included in
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`FaceTime on the peer-to-peer connection.
`
`12
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`13
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`14
`
`15
`
`16
`
`17
`
`18
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`19
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`20
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`21
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`09:30AM
`
`09:30AM
`
`So let me show you a document --
`
`MR. APPLEBY:
`
`Can I have the ELMO?
`
`Q.
`
`(By Mr. Appleby) And this is DTX036.
`
`And what is
`
`it that we're looking at, Dr. Jansen?
`
`A.
`
`This is a document Apple released about their
`
`security in several applications on iOS.
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`Q.
`
`A.
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`And what is the purpose of this document?
`
`I believe the purpose of this document is to
`
`explain how security works on iOS for all the different
`
`applications.
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`Q.
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`Now, is there a section on FaceTime in this
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`23
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`document?
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`24
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`25
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`A.
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`Q.
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`09:31AM
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`Yes, there is.
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`Should be on Page 32.
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`And is this the section you were referring to?
`
`
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`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 25 of 208 PageID #: 32719
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`25
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`A.
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`Q.
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`That is correct.
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`Now, the document states that:
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`The audio/video
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`contents of FaceTime calls are protected by end-to-end
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`encryption so no one but the sender and receiver can
`
`access them.
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`Apple cannot decrypt the data.
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`What is that referring to?
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`A.
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`That is referring to the actual audio and video
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`data that is sent between the iPhones or the iDevices
`
`and that the audio and video data is encrypted in a way
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`that only the two phones can actually see what this data
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`is about.
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`So no one else, not even Apple, knows how to
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`decrypt the data once it's encrypted on the phone.
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`That's what end-to-end encryption means.
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`Q.
`
`Why did Apple include this end-to-end encryption
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`09:31AM
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`09:32AM
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`09:32AM
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`15
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`in FaceTime?
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`09:32AM
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`A.
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`I believe -- or I'm certain -- that Apple is very
`
`interested in making sure that the content of the video
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`call cannot be observed by someone outside the FaceTime
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`session, so by an eavesdropper, for instance.
`
`Q.
`
`Is there any other encryption on the peer-to-peer
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`21
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`connection beyond this encryption of the audio/video
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`22
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`data?
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`24
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`A.
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`Q.
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`No, there is not.
`
`And are there any other security measures
`
`09:32AM
`
`25
`
`implemented on the peer-to-peer connection beyond the
`
`
`
`Case 6:12-cv-00855-RWS Document 440 Filed 02/04/16 Page 26 of 208 PageID #: 32720
`
`26
`
`end-to-end encryption of the audio and video data?
`
`A.
`
`Q.
`
`No, there is not.
`
`So now I would like to discuss what is and is not
`
`visible on the peer-to-peer FaceTime connection.
`
`If we could go back to the slides.
`
`Let's
`
`start with the SIP messages.
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`What do we see here?
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`A.
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`So just to give context again, this is after we
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`have set up a connection -- so we have the peer-to-peer
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`connection between the two iPhones -- and before we can
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`actually send audio and video data, to make sure that
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`both phones talk about the same flavor of audio and video
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`data.
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`And the SIP message is split up into pieces.
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`It's the SIP header and the SIP payload.
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`And the SIP
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`header describes where is this SIP invite message coming
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`from and where is this message going to.
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`So if you pay
`
`attention to the numbers in the "to" and "from" field,
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`you will see the IP addresses of the two phones.
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`So the
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`"to" fie
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