EXHIBIT I

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 1 of 8
Page 1

·1· · · · · · · ·UNITED STATES DISTRICT COURT

·2· · · · · · ·NORTHERN DISTRICT OF CALIFORNIA

·3· · · · · · · · · · SAN JOSE DIVISION

·4

·5· ·CHRISTINA GRACE and KEN POTTER,

·6· ·Individually and on Behalf of

·7· ·All Others Similarly Situated,

·8· · · · · · Plaintiffs,

·9· ·vs.· · · · · · · · · · · · · · · · No. 5:17-cv-00551-LHK-NC

10· ·APPLE INC.,

11· · · · · · Defendant.

12· ·-------------------------------/

13

14

15· · · · ·HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

16

17· · · · · · · · ·DEPOSITION OF JUSTIN WOOD

18· · · · · · · · · PALO ALTO, CALIFORNIA

19· · · · · · · · · FRIDAY, JUNE 22, 2018

20

21

22

23· ·Reported by:

24· ·JANIS JENNINGS, CSR, CCRR

25· ·Job No. 306106

GRACE: JUSTIN WOOD - HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

hglitigation.com

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 2 of 8
Page 8

·1· · · · · · · · · · JUSTIN WOOD,

·2· · · · · · The witness herein was sworn and

·3· · · · · · testified as follows:

·4

·5· · · · · · · · · · EXAMINATION

·6· ·BY MR. CURRY:

·7· · · · Q.· Good morning.

·8· · · · A.· Good morning.

·9· · · · Q.· Please state your name and address for the

10· ·record.

11· · · · A.· Justin Mcleod 

12· · .

13· · · · Q.· You have taken an oath that your testimony

14· ·here today is sworn to be true?

15· · · · A.· Yes.

16· · · · Q.· Have you ever testified under oath before?

17· · · · A.· I have, yes.

18· · · · Q.· How many times?

19· · · · A.· Probably about 10 or so.

20· · · · Q.· And you gave sworn testimony in the VirnetX

21· ·case.· Do you remember that?

22· · · · A.· I do, yes.

23· · · · Q.· Do you remember who took your deposition?

24· · · · A.· I remember there were a couple of them. I

25· ·don't remember all of them.· My apologies.

GRACE: JUSTIN WOOD - HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

hglitigation.com

YVer1f

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 3 of 8
Page 28

·1· ·two layers separated from the actual security

·2· ·itself.· I would presume someone within the larger

·3· ·security team would handle that.

·4· · · · Q.· Do you understand what a relayed FaceTime

·5· ·call is?

·6· · · · A.· I've heard many people at Apple even use

·7· ·that term very loosely.· Can you maybe be more

·8· ·specific with context?

·9· · · · Q.· What's your understanding of what a relayed

10· ·FaceTime call is?

11· · · · A.· Again, it has changed pretty heavily, the

12· ·semantic meaning of that, over the years.· The best

13· ·that I would represent that is, is a FaceTime call

14· ·that is -- actually, to be honest, every FaceTime

15· ·call would potentially be or could be at a moment in

16· ·time or completely a relayed call.

17· · · · Q.· Are you saying that every FaceTime call

18· ·starts as relayed?

19· · · · · · MR. LOY:· Objection.· Mischaracterizes

20· ·prior testimony.

21· · · · · · THE WITNESS:· No.· And, again, I'm not

22· ·really an expert in the peer-to-peer connectivity or

23· ·the relay connectivity or any of the FaceTime

24· ·connectivity.· I just mostly deal with the client

25· ·side of things.

GRACE: JUSTIN WOOD - HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

hglitigation.com

YVer1f

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 4 of 8
Page 30

·1· ·and answered.

·2· · · · · · THE WITNESS:· I -- again, there is an

·3· ·ambiguity as to software version, and also I don't

·4· ·know all of the peer-to-peer implications and when

·5· ·relay is or is not used.

·6· ·BY MR. CURRY:

·7· · · · Q.· Just at a high level do you understand the

·8· ·difference between a peer-to-peer FaceTime call and

·9· ·a relayed FaceTime call?

10· · · · A.· The reason I'm confused is that, again, it

11· ·differs to software version.· And, in my

12· ·understanding -- which, again, I am not an expert in

13· ·this or familiar with it -- any call can use some

14· ·sort of peer-to-peer technology and relay and go

15· ·back and forth between that for whatever network

16· ·configuration is most efficient.

17· · · · Q.· So in your answer when you are talking

18· ·about peer to peer and relay, what are you referring

19· ·to?

20· · · · A.· As a not expert, when I communicate and

21· ·talk to co-workers that are experts in this, they

22· ·use the words "relay," which I presume means some

23· ·relay server, and then "peer-to-peer," which I

24· ·presume is a way of two devices communicating.· And

25· ·my understanding is both of those are used to have

GRACE: JUSTIN WOOD - HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

hglitigation.com

YVer1f

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 5 of 8
Page 41

·1· ·BY MR. CURRY:

·2· · · · Q.· So you're saying you don't know whether or

·3· ·not there was ever a point in time in which calls --

·4· ·FaceTime calls started and stopped on relay?

·5· · · · · · MR. LOY:· Objection.· Asked and answered.

·6· · · · · · THE WITNESS:· As I think I mentioned

·7· ·previously, my only understanding as someone who

·8· ·does not work on that part of the software is that

·9· ·at some point in time calls started on relay. I

10· ·don't know the specifics of what was necessary and

11· ·what happened after that.

12· ·BY MR. CURRY:

13· · · · Q.· Was there a point in time in which you were

14· ·involved in any efforts to reduce relay usage for

15· ·FaceTime?

16· · · · A.· So the part I'm -- not struggling with, but

17· ·the part is -- as I mentioned in a previous answer,

18· ·once there was a new constraint of starting a call

19· ·on relay, we started to do a lot of -- or myself and

20· ·my team started to do a lot of investigation as to

21· ·what's the impact on the customer experience, and we

22· ·started to learn a lot about how relay improves a

23· ·lot of things.

24· · · · · · The other -- there were many variables in

25· ·making a good FaceTime call, and from the outset

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 6 of 8
Page 42

·1· ·there was a belief that less relay is better.· And

·2· ·as we learned more, we learned that that's not

·3· ·necessarily accurate.

·4· · · · · · So, to answer your question, I have

·5· ·definitely been part of many efforts.· Some of them

·6· ·have been at times to reduce relay usage.· Sometimes

·7· ·they have been to increase it where it actually

·8· ·improves the experience of the call.· So it -- yes,

·9· ·but that's one moment in time.

10· · · · Q.· Okay.· Let's try to focus on my questions,

11· ·because I asked if there was a point in time in

12· ·which you were involved in any efforts to reduce

13· ·relay usage for FaceTime.· Is the answer to that

14· ·question a "yes" or "no"?

15· · · · · · MR. LOY:· Objection.· Asked and answered.

16· · · · · · THE WITNESS:· Again, it's not a -- it may

17· ·seem, but it's not a simple yes-or-no question.· My

18· ·efforts were always around improving and keeping a

19· ·high-quality FaceTime call.· There are many

20· ·variables to that.· One of the variables has been at

21· ·some moments in time a thought to decrease relay

22· ·usage and also to increase it.

23· · · · · · MR. CURRY:· May I have the exhibit numbers,

24· ·please.

25· · · · · · Thank you.

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 7 of 8
DALLAS 69

Case 5:17-cv-00551-LHK Document 387-9 Filed 01/24/20 Page 8 of 8