EXHIBIT G

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

VIRNETX INC. AND SCIENCE * CIVIL ACTION NO.

APPLICATIONS INTERNATIONAL * 6:12-cv-855-RWS

CORPORATION, * (Lead Consolidated Case)

*

Plaintiffs, *

*

VS. *

*

*

APPLE INC., * Tyler, Texas

* January 29, 2016

Defendant. * 9:06 a.m.

---------------------------------------------------------

REPORTER'S TRANSCRIPT OF JURY TRIAL, VOLUME 5

BEFORE THE HONORABLE ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE

---------------------------------------------------------

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02:21PM

09:07AM

09:08AM

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7

MR. APPLEBY: May it please the Court.

THOMAS JANSEN, DEFENDANT'S WITNESS, SWORN

DIRECT EXAMINATION

BY MR. APPLEBY:

Q. Good morning, Dr. Jansen.

A. Good morning.

Q. And where do you live?

A. I live in Hamburg, Germany.

Q. And who do you work for?

A. I work or Apple.

Q. Do you have a family?

A. Yes, I do. I have a wife and two little daughters

and a dog.

Q. Now, you live in Germany now. Have you ever lived

in the United States?

A. I did. I lived in the United States from 2008 to

May 2015.

Q. Now, how long have you worked for Apple?

A. It's been six and a half years now.

Q. What is your position at the company?

A. I'm a senior software engineer.

Q. Now, is there a specific department at Apple in

which you work?

A. Yes. I work for a team called real-time

communications, which is part of a large organization

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09:43AM

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33

Now I'd like to just switch gears to a

slightly different topic.

Yesterday we saw some documents about an issue

where FaceTime would not work with iOS 6 devices. Are

you aware of any such issue?

A. Yes, I'm aware.

Q. And can you explain what happened?

A. So the issue that was discussed yesterday actually

points to a bug that we had in our code. That

unfortunately happens. Unfortunately happens more often

than we want. And in this specific case --

MR. CALDWELL: Objection, Your Honor. This

witness was subject to the Rule and shouldn't be talking

about yesterday's testimony.

THE COURT: You want to lay a foundation here,

Mr. Appleby? Why would he be aware of that testimony?

MR. APPLEBY: I --

THE COURT: Maybe you could --

MR. APPLEBY: I asked him --

THE COURT: Go ahead.

MR. APPLEBY: Yes, so I asked him a question,

there were documents that were presented yesterday. I

did not expose him to that testimony, but I did ask him

about the issue. And I'm just asking this witness about

whether we can explain the issue that was involved in

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that.

THE COURT: Mr. Caldwell, I'm going to give

you a full opportunity to cross-examine him on what he

knows and how he knows it.

MR. CALDWELL: Thank you, Your Honor.

A. Should I go on?

Q. (By Mr. Appleby) Yeah, could you explain the issue

that we were just talking about?

A. Yeah. So as I was saying, it's a bug. And the

bug that happened is -- there's something called a

certificate. And a certificate is used to authenticate

if communication from -- it doesn't have to be FaceTime

communication, but whatever communication between

different parts is genuine. A certificate gives an

identity, and we can -- we can authenticate this

identity.

Now, the certificate, before being used, has

to be validated. And there are different ways how this

can be validated.

One way of validation is to see who issued

this certification. And in this specific case, we had a

certificate that was issued by Apple, which was fine

because that's what we wanted to see.

Another way to validate this is to see if the

issue -- if the certificate is still -- is already

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expired. Certificates can have expiration dates. And

that's what we did. We tested, we validated if it's

expired. But we were not supposed to. Because there are

some certificates that even though they have an

expiration date, they do not expire. And we were -- we

were checking if it's expired, and we were not supposed

to. And so that caused us to say this certificate is

invalid, and that caused the FaceTime call to fail. Very

unfortunate.

Q. Did Apple intentionally create that problem?

A. For sure not. No. It caused a lot of stress.

Q. And what did Apple suggest that users do to solve

the problem?

A. So there was a short-term suggestion and a

longer-term suggestion. The short-term suggestion was to

update to iOS 7. Because it took a while to fix that

bug.

And then a few weeks after the bug was found

and caused problems, we also released an update to iOS 6

that solved the problem.

MR. APPLEBY: Okay. Thank you. No further

questions.

THE COURT: Cross-examination.

MR. CALDWELL: Thank you, Your Honor. May I

have one moment?

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10:17AM

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Q. There were lots of people involved in that change,

right?

A. I -- I would say there was mainly on my team; but

as with every change, there are a lot of people involved.

Q. Okay. But you were involved and Mr. Patrick Gates

was involved?

A. With the changes in iOS 7?

Q. Yes, sir.

A. I'm not aware, actually, that Patrick Gates was

involved in that. I mean, he might have heard about it,

might have seen the readouts. But if you mean by

involvement that there was a change on their end, I don't

believe there was.

Q. Well, sir, and you've told us that there was this

unfortunate technical roadblock; but isn't it true what

you guys were facing was you wanted to find ways to

reduce relay usage?

A. No, absolutely not.

Q. Absolutely not?

A. Absolutely not.

Q. Okay. So --

A. I say this with all certainty.

MR. CALDWELL: May I see PX1020 at Page 1?

Q. (By Mr. Caldwell) What's the subject of this

e-mail on the top line, sir?

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this is not a big -- as a deal as I think.

Do you see that?

A. Yes, I do.

Q. Why would he be saying that if Apple had some

choice in the matter?

A. I can't really talk for Jacques. But I can say

that he was right, it was a big deal. And we learned

about it way too late, and there was just no release

scheduled for fixing it.

Q. Apple's computer -- I'm sorry. Apple's customers

were not -- were not laughing about this, were they?

A. I don't think anyone was laughing about it.

Q. Apple got a lot of complaints about it, didn't

they?

A. I -- I don't know about a lot. But I'm aware of

some, yeah.

MR. CALDWELL: Can we go all the way back to

the very beginning of this e-mail? And just blow up kind

of the middle of the screen there, Mr. Diaz.

Q. (By Mr. Caldwell) Have you seen the cartoon Apple

used to represent this scenario?

A. I -- I'm not really sure what you're referring to.

MR. CALDWELL: Mr. Diaz, do you have it?

Q. (By Mr. Caldwell) This is not a joking matter that

FaceTime broke for people with phones, correct?

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04:59PM

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208

selling the products in light of the prior verdict.

Thank you, Your Honor.

THE COURT: All right. Thank you. Thank you,

Mr. Arovas.

Anything further?

MR. CALDWELL: No, Your Honor.

THE COURT: Okay. Good. You-all -- we had a

good week. You-all are doing an outstanding job. I

think we're right on time. Okay?

All right. Have a nice weekend.

COURT SECURITY OFFICER: All rise.

(Court in recess.)

CERTIFICATION

I HEREBY CERTIFY that the foregoing is a

correct transcript from the stenographic notes of the

proceedings in the above-entitled matter to the best of

my ability.

/s/ Brenda Hightower Smith

BRENDA HIGHTOWER SMITH, CSR-FCRR Date: 1/29/2016

Official Court Reporter

Eastern District of Texas

Texarkana Division

State of Texas No.: 3107

Expiration Date: 12/31/16

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