IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`BRIGHT DATA, LTD.,
`
`Plaintiff,
`
`(
`)
`(
`
`CAUSE NO. 2:19-CV-395-JRG
`
`vs.
`
`TESO, LT UAB, et al
`
`Defendants.
`
`NOVEMBER 3, 2021
`MARSHALL, TEXAS
`8:30 A.M.
`
`and a jury 16
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`VOLUME 3
`
`TRIAL ON THE MERITS
`
`BEFORE THE HONORABLE RODNEY GILSTRAP
`
`UNITED STATES CHIEF DISTRICT JUDGE
`
`SHAWN M. McROBERTS, RMR, CRR
`100 E. HOUSTON STREET
`MARSHALL, TEXAS
`75670
`(903) 237-7464
`shawn_mcroberts@txed.uscourts.gov
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, EX 20a
`
`Shawn M. McRoberts TheRMRGonPR¥TechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00136, ee°o
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`BRIGHT DATA, LTD.,
`
`Plaintiff,
`
`(
`)
`(
`
`CAUSE NO. 2:19-CV-395-JRG
`
`vs.
`
`TESO, LT UAB, et al
`
`Defendants.
`
`NOVEMBER 3, 2021
`MARSHALL, TEXAS
`8:30 A.M.
`
`and a jury 16
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`1
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`2
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`3
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`25
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`VOLUME 3
`
`TRIAL ON THE MERITS
`
`BEFORE THE HONORABLE RODNEY GILSTRAP
`
`UNITED STATES CHIEF DISTRICT JUDGE
`
`SHAWN M. McROBERTS, RMR, CRR
`100 E. HOUSTON STREET
`MARSHALL, TEXAS
`75670
`(903) 237-7464
`shawn_mcroberts@txed.uscourts.gov
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, EX 20a
`
`Shawn M. McRoberts TheRMRGonPR¥TechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00136, ee°o
`
`
`
`Yes. 24
`
`service launched?
`
`A.
`
`MR. GOVETT:
`
`You can take that down, please.
`
`25
`
`.
`
`(BY MR. GOVETT)
`
`So how long is it about from -- from the
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, EX out
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00136, Om a
`
`They need reliable and accurate data.
`
`.
`
`.
`
`.
`
`“
`
`.
`
`Did Oxylabs create its own source code?
`
`Of course.
`
`Have you ever seen any private Bright Data source code?
`
`Never.
`
`Does Bright Data make some of its source code publicly
`
`available?
`
`A.
`
`Q.
`
`Yes.
`
`As far as you're aware, has anyone at Oxylabs ever seen
`
`any Bright Data, Luminati, Hola private source code?
`
`A.
`
`They did not.
`
`MR. GOVETT: Let's look at slide 24 from opening, if
`
`we could, please.
`
`I'm sorry.
`
`It should be the timeline from
`
`the proxy service. There we go.
`
`Thank you.
`
`Q.
`
`(BY MR. GOVETT)
`
`Do you see the timeline at the bottom
`
`here, sir?
`
`A.
`
`Q.
`
`Yes.
`
`Was October 2016,
`
`is that the date when Oxylabs'
`
`residential proxy service began development?
`
`A.
`
`Q.
`
`Correct.
`
`And is February 2018 when Oxylabs' residential proxy
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`time you began development until the time you launched?
`
`.
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`:
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`.
`
`.
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`.
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`A year and a half or so.
`
`And how many people worked to develop the system?
`
`At least five.
`
`Do you have the names? Please use Mr., Mrs.
`
`Yeah. Mr. Jytautas, Mr. Rokas, Mr. Povilas.
`
`You know,
`
`in start-up environment, everyone is doing everything. We are
`
`a small company then,
`
`so at least those guys were fully
`
`focused on this. But everyone else was just, you know,
`
`helping back and forth.
`
`Q.
`
`A.
`
`Q.
`
`Did you also help?
`
`Yeah, of course.
`
`Now, February 2018,
`
`is that when the service began
`
`make money?
`
`A.
`
`It began to make money, yes.
`
`MR. GOVETT: Let's look at Defendants' 888 at
`
`1, please.
`
`April 9, 2019. 20
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`25
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`Q.
`
`A.
`
`Q.
`
`(BY MR. GOVETT) When did this patent issue?
`
`Is that after your service was up and running by more
`
`than a year?
`
`A.
`
`Q.
`
`Yes, we were up and running.
`
`Did you take any part of this '319 patent and use it in
`
`developing your service?
`
`A.
`
`No.
`
`It was already developed.
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX.2027
`3 of 17
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, EX. 2027
`3 of 17
`
`
`
`MR. GOVETT: Let's look at Defendants' 889 at page
`
`1, please.
`
`Q.
`
`A.
`
`Q.
`
`(BY MR. GOVETT) When did this patent issue?
`
`On the 19th of November, 2019.
`
`Same question. Did you take any part of this patent and
`
`use it to develop your service?
`
`A.
`
`No.
`
`please.
`
`MR. GOVETT: Let's look at Defendants' 887 at page
`
`(BY MR. GOVETT) What's the date of this patent?
`
`November 5th, 2019.
`
`Is November 5th an important day for you?
`
`It is.
`
`What is it?
`
`It's my birthday.
`
`This Friday is your birthday?
`
`Yes.
`
`:
`
`.
`
`:
`
`.
`
`‘
`
`.
`
`:
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`‘
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`:
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`No.
`
`Same question.
`
`Is this after Oxylabs offered its
`
`residential proxy service --
`
`:
`
`:
`
`:
`
`:
`
`Yes.
`
`-- in February 2018?
`
`Yes.
`
`Did you take -- did you or anyone at Oxylabs take
`
`anything from this patent and use it to develop your service?
`
`A.
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`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00135, EX.2027
`4 of 17
`
`Shawn M. McRoberts TheRMRGonpPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, EX. 2027
`4 of 17
`
`
`
`100
`
`:
`
`:
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`Q.
`
`A.
`
`Now, how would we relate to Oxylabs?
`
`We are a data collection company.
`
`So what does that mean?
`
`Companies can either -- we gather data for companies at
`
`residential proxies.
`
`scale by multiple ways.
`
`.
`
`.
`
`.
`
`.
`
`Is price comparison one of the uses?
`
`Yes.
`
`Explain that, please.
`
`So companies,
`
`for example, airlines,
`
`they do have
`
`different pricing, or maybe even better hotels,
`
`so a hotel has
`
`a different prices on, you know, different time being. And it
`
`changes, depends on your location, on time, weekend or -- and
`
`regular day. And that information is valuable or interested
`
`for competitive intelligence reasons to our customers.
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`So they collect that data, and we -- we collect the data
`
`on behalf of them and provide it to them by multiple product
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`sets that we have. And then, you know,
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`those companies,
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`in
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`order to get fully booked, you had full hotel rates,
`
`they have
`
`to, you know, adjust their pricings to make it cheaper. And
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`that is one of the use case that happens using Oxylabs.
`
`MR. GOVETT:
`
`Now, if we look at Plaintiff's Exhibit
`
`490, please, page 1 --
`
`Q.
`
`A.
`
`(BY MR. GOVETT)
`
`-- what is this?
`
`This is one of Oxylabs' products that we have called
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`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, EX 20
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00136, em. ae0
`
`
`
`MR. GOVETT: Let's look at page 2, please.
`
`Q.
`
`(BY MR. GOVETT) Let go of CAPTCHAs and IP bans. Explain
`
`that to the ladies and gentlemen of the jury, if you would,
`
`please.
`
`A.
`
`So if you will try to collect -- go book -- try to book
`
`the same hotel room for a hundred or thousand times, you would
`
`get CAPTCHA. Right?
`
`People would want for you to click those
`
`buttons to say that you are not a robot. Right? And using
`
`our solution,
`
`that is avoided, you can collect the prices.
`
`MR. GOVETT: Let's look at page 4 of this document,
`
`please.
`
`QO.
`
`A.
`
`Q.
`
`(BY MR. GOVETT) What do we have here?
`
`We have the use cases, why customers are using Oxylabs.
`
`And is --
`
`MR. GOVETT:
`
`If we look down a little bit,
`
`the
`
`fourth one to the right.
`
`Q.
`
`(BY MR. GOVETT)
`
`It says, sales intelligence and price
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`101 1
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`monitoring.
`
`MR. GOVETT: There we go.
`
`Q.
`
`(BY MR. GOVETT)
`
`Is that what you were talking about with
`
`respect to airline pricing and hotel room pricing?
`
`A.
`
`Yes. This was what I was referring to.
`
`MR. GOVETT: Let's look at Defendants' Exhibit 322,
`
`please.
`
`Sorry. Plaintiff's Exhibit 322.
`
`Q.
`
`(BY MR. GOVETT)
`
`This is the sales Bible by Oxylabs.
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, EX aot
`
`Shawn M. McRoberts TheRMRGonpPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, em. oe
`
`
`
`Tell the ladies and gentlemen of the jury what this is,
`
`please.
`
`A.
`
`We call this sales Bible because we -- as with the
`
`company is growing so fast, we have new people joining.
`
`So
`
`the team didn't do it, but the team made -- they call it sales
`
`Bible.
`
`So when a new guy joins the company, he can read it
`
`and understand our products better, our business better,
`
`how to do his job in the best way he can.
`
`MR. GOVETT: Let's look at page 5 of this document,
`
`please.
`
`QO.
`
`(BY MR. GOVETT)
`
`It says, if we look down at the bottom,
`
`best suited for ad verification and travel fare aggregation.
`
`MR. GOVETT:
`
`If we can scroll up to the top really
`
`quickly, please.
`
`Q.
`
`(BY MR. GOVETT) This page has to do with residential
`
`proxy pool.
`
`A.
`
`Q.
`
`Yes.
`
`And travel fare aggregation,
`
`is that another example of
`
`102 1
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`what you were mentioning just a moment ago?
`
`A.
`
`Correct.
`
`MR. GOVETT:
`
`If we can see demonstrative DDX 4-3,
`
`please.
`
`Q.
`
`(BY MR. GOVETT) What do we have on the screen here, Mr.
`
`Okmanas?
`
`A.
`
`These are our customers.
`
`These are companies that are
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, ~ oe
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, ms oe
`
`
`
`103
`
`buying products from Oxylabs.
`
`.
`
`:
`
`Does Oxylabs do business with eBay?
`
`Yes.
`
`. With Amazon?
`
`.
`
`Yes.
`
`. With Target?
`
`.
`
`Yes.
`
`. With Walmart?
`
`.
`
`Yes.
`
`. With Pepsi?
`
`Yes. 24
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`:
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`Yes.
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`Are there other companies that we may not have heard of?
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`We have a lots and lots of customers.
`
`MR. GOVETT:
`
`You can take that down, please.
`
`Q.
`
`(BY MR. GOVETT)
`
`And regardless of their size,
`
`is price
`
`important to all these customers?
`
`It's really, really important.
`
`Let's talk -- when did you first hear of Hola?
`
`Yeah,
`
`I heard about a long time ago, maybe '12, 2012 or
`
`A.
`
`Q.
`
`A.
`
`so.
`
`Q.
`
`And when the name Luminati came about,
`
`is that when you
`
`heard about Luminati?
`
`A.
`
`.
`
`:
`
`Was Hola and Luminati a customer of Oxylabs?
`
`Yes.
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX.2027
`8 of 17
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, EX. 2027
`8 of 17
`
`
`
`MR. GOVETT:
`
`If we look at Defendants' Exhibit 80,
`
`please.
`
`If we can blow up the top?
`
`Q.
`
`(BY MR. GOVETT) This is an agreement entered into as of
`
`December 2nd, 2015, between Hola Networks and UAB Tesonet.
`
`Tell us about this agreement, please.
`
`A.
`
`So, historically, Hola or Luminati were in the
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`residential proxy space and we were in data center proxy
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`space. And back in the early days,
`
`I reached out to Mr.
`
`Vilenski, and we had chats back and forth, and they became our
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`104 1
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`customer.
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`They started buying data center proxies from us.
`
`Q.
`
`And we see there Hola has developed, owns, and offers its
`
`users the Luminati service,
`
`the Hola system, partner has also
`
`developed, owns, and offers its users an alternative solution
`
`partner system.
`
`Is the partner system your system?
`
`A.
`
`Q.
`
`Yes.
`
`And if we look in paragraph 1,
`
`the services, during the
`
`term of this agreement, Hola shall be entitled at its
`
`discretion to transfer its user's internet traffic through
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`network proxies provided by partner through the partner
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`system.
`
`Is that what you're referring to?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`You could take some of their extra traffic?
`
`Yes.
`
`So when they didn't have the capacity on their
`
`residential pool,
`
`they would send the traffic to us.
`
`Q.
`
`Did you have any access to their technology?
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`Shawn M. McRoberts TheRMRGonpPRRTechnologiesInc, v. Bright Data Ltd.
`IPR2022-00135, era Federal Official Court Reporter
`IPR2022-00138,
`oe
`
`
`
`product does not utilize distributed, cached data across a
`
`peer network to reroute web traffic."
`
`Is that true?
`
`A.
`
`Q.
`
`Yes.
`
`"Instead,
`
`the Oxylabs products simply use a
`
`pre-determined data tunnel to route traffic directly from a
`
`requesting device to a target website."
`
`Is that true?
`
`Yes.
`
`And then Mr. Kline states, "In view of these distinctions
`
`A.
`
`Q.
`
`110 1
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`and without limitation, Tesonet does not require a license to
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`the '604 patent."
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`And have you always believed that?
`
`Yes.
`
`MR. GOVETT:
`
`If we can scroll up a little bit.
`
`I'm
`
`sorry.
`
`I want to scroll up just a little bit there to the
`
`bottom.
`
`The next page.
`
`Q.
`
`A.
`
`(BY MR. GOVETT)
`
`And did Mr. Kline sign this?
`
`Yes.
`
`MR. GOVETT:
`
`Take that down, please.
`
`Thank you.
`
`Q.
`
`(BY MR. GOVETT)
`
`Now, before -- is your response in this
`
`letter consistent with the position in this lawsuit?
`
`A.
`
`Q.
`
`Yes.
`
`Before this lawsuit was filed, did you ever receive
`
`notice of the '319,
`
`'510, or
`
`'614 patents?
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, a oe
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, ON oon
`
`
`
`1il 1
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`MR. GOVETT: Could we see that real guickly, please?
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`Q.
`
`(BY MR. GOVETT) When you or anyone that you are
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`affiliated with looked at these patents, did you ever have any
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`understanding that someone would take the prior art and just
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`cut and paste it over into Figure 3?
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`A.
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`I didn't think you can do it.
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`MR. GOVETT:
`
`Take that down, please.
`
`Q.
`
`(BY MR. GOVETT)
`
`Now,
`
`I want to show you Defendants'
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`demonstrative Exhibit 4-4. There was a little bit of
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, EX 2oet
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00136, eT°
`
`No.
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`Did they just sue you?
`
`We just got sued, yes.
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`MR. GOVETT:
`
`Now, if we can see opening slide 28,
`
`please.
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`Q.
`
`(BY MR. GOVETT)
`
`"Oxylabs believes the evidence will show
`
`Oxylabs did not copy patent claims that issued 14 to 21 months
`
`after the Oxylabs service launched."
`
`Do you see that?
`
`A.
`
`Yes.
`
`MR. GOVETT:
`
`You can take that down.
`
`(BY MR. GOVETT)
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`Even today,
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`is that your belief?
`
`Yes.
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`Now, were you in the courtroom yesterday when Doctor
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`Rhyne showed this Figure 1
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`from the prior art crossing into
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`Figure 3?
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`A.
`
`Yeah.
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`impeaching documentary evidence?
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`MR. MANN: Yes, sir,
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`I have it right here.
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`I have
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`an email.
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`MR. GOVETT: And I haven't seen the email, of
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`course, but that would open the door to me saying, why did you
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`email him? And his response would be,
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`to get rid of the
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`lawsuit.
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`THE COURT: Well, given the totality of this
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`argument,
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`I think the door's been opened to possible
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`impeachment, and I'm going to allow the Plaintiff to proceed
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`with that impeaching testimony.
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`If on redirect you want to try to recover from that and
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`question him on that, we can.
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`It's not going to become a side
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`show.
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`MR. MANN: No, no.
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`It is very short.
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`THE COURT: But he clearly said he doesn't have an
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`interest in owning Bright Data.
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`MR. GOVETT: May I see the email before it goes up
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`on the screen?
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`THE COURT: That's fine.
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`MR. GOVETT: This is --
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`MR. MANN:
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`It's forwarded.
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`MR. GOVETT: But this is what you're going to show?
`
`COURT: All right. Let's proceed. Objection's
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, * oe
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, Os oon
`
`
`
`141
`
`overruled.
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`(The following was had in the presence and hearing
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`of the jury.)
`
`THE COURT: All right. Defendants' objection is
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`overruled.
`
`Let's proceed, Mr. Mann.
`
`Q.
`
`(BY MR. MANN)
`
`So, Mr. Okmanas, when you send out an
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`email, it's from Tom Okman. Correct?
`
`Is that how you go on
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`the internet, Tom Okman?
`
`A.
`
`Q.
`
`Yeah.
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`It's shorter English version of my name, yeah.
`
`Correct. And last week on Thursday at 3:25 in the
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`afternoon, October 28th, 2021, did you communicate with Mr.
`
`Joseph?
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`to answer it.
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`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes,
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`I did.
`
`I'm sorry?
`
`Yes,
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`I did.
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`Okay. And you specifically told him, would EMK be
`
`interested in selling BD to us, BD being Bright Data.
`
`Correct?
`
`A.
`
`Q.
`
`Correct.
`
`All right.
`
`Now,
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`I'm assuming -- again,
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`these are
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`questions I asked earlier -- you wouldn't want to buy a
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`business if you didn't think it wasn't good. Correct?
`
`A.
`
`Can you please rephrase the question?
`
`I don't know how
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`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, ER ot
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00136, NS eae0
`
`
`
`A.
`
`Q.
`
`I can't agree with you.
`
`Okay.
`
`You talk about and you report that you met with
`
`Mr. Vilenski and that he started explaining that they have
`
`patents and so let's make sure and not -- that he wanted to
`
`make sure you weren't infringing them. Correct?
`
`A.
`
`Q.
`
`Yeah,
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`I wanted to make sure that we don't infringe.
`
`Okay. And you talked about how they were worried, Mr.
`
`Vilenski and them were worried?
`
`A.
`
`Q.
`
`Of course, yes.
`
`All right. And so in response you said, as affiliates we
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`no longer -- that's the next page. We no longer -- I'm sorry.
`
`"As affiliates, we no longer feel so weak,
`
`ignorant or
`
`obtrusive. We seem to be in control of the situation. We
`
`understand business, our partners share more information,
`
`they
`
`are not so cautious anymore, and they treat us as their own."
`
`Correct? That's your words. Correct?
`
`A.
`
`In what context?
`
`Q. Well,
`
`I guess we have to put this into context. This is
`
`a meeting you're having,
`
`talking about inside information, and
`
`you don't feel like you need to be cautious anymore and you
`
`can just start sharing it because you're going to try to do
`
`what Mr. Vilenski's company did.
`
`A.
`
`This has nothing to do with Hola, neither Luminati.
`
`I'm
`
`talking about another different company of Nord Security,
`
`a
`
`partner, affiliate of Nord Security.
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, ~* oe
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138, Oo oon
`
`
`
`All right.
`
`MR. MANN:
`
`Now let's go to Exhibit 296A.
`
`Q.
`
`(BY MR. MANN)
`
`Now we're back at May of 2015.
`
`To give
`
`These are your words. Right?
`
`A.
`
`Q.
`
`Yes.
`
`There has to be caching;
`
`that to run,
`
`the service has to
`
`run on Windows which can also be an exit node, and then a
`
`smile a bit more deep.
`
`Sure.
`
`Correct? That's what you were saying?
`
`Yes.
`
`Luminati API to write, it has to be exactly the same as Hola.
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`And then let's go down to the bottom.
`
`It was agreed with
`
`Ignas -- is that a friend of yours?
`
`A.
`
`Q.
`
`Yeah,
`
`I know a few Ignas.
`
`A friend from Ukraine. Does he have a business in the
`
`Ukraine?
`
`A.
`
`Q.
`
`It is -- Ignas is friend,
`
`so I don't know.
`
`It was Ignas with friend from Ukraine,
`
`that after
`
`receiving the document -- and what document was that?
`
`A.
`
`Not sure. Maybe some paper that we were working on.
`
`It was a document having to do with Hola, wasn't it?
`
`Yes.
`
`That he will assess whether they can make the app and how
`
`much it will cost,
`
`so we need to make a description of what we
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`IPR2022-00135, era Federal Official Court Reporter
`IPR2022-00138, Oe oon
`
`
`
`161
`
`Q.
`
`If we go down to the description, For our Hola2
`
`integration,
`
`this is the project that we've been talking
`
`about. Correct?
`
`A.
`
`Q.
`
`Correct.
`
`You talked about, We need to generate at least 50 or 60
`
`different users or passwords in order to be able to integrate
`
`them into our system and remain undetected.
`
`A.
`
`Q.
`
`Sure.
`
`As this involves a lot of manual work, please agree with
`
`the members of the support team that in due time they will be
`
`able to do this job in stealth mode.
`
`You know what stealth mode is, don't you?
`
`.
`
`.
`
`.
`
`I do.
`
`Total secret. Right?
`
`Confidential, yes.
`
`rights -- do you remember the letter that was shown to you?
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`: With regard to the other colleagues. And this has to do
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`with the development that you were trying to do in the
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`Ukraine. Correct?
`
`A.
`
`Q.
`
`No.
`
`This has to do with the development you are trying to do
`
`in your office?
`
`A.
`
`Q.
`
`Yes.
`
`All right.
`
`Now, after the letter was sent to you from
`
`Bright Data's attorney notifying you about their patent
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`1PR2022-00139, ER ot
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00136, os eae0
`
`
`
`Yes.
`
`Did you read the letter?
`
`Of course.
`
`And the letter you read had at the top of it, Patent
`
`'404
`
`and '866.
`
`In other words,
`
`two patents that aren't in this
`
`case. Correct?
`
`A.
`
`Q.
`
`Correct.
`
`But you know for a fact they had the same -- very same
`
`specification as the patents in this case that we're here on.
`
`Correct?
`
`A.
`
`Q.
`
`Provisional, yes.
`
`Okay.
`
`You knew that when that letter -- when you
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`received that letter, even though the patents that are in this
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`case weren't at the top of that letter,
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`that it was the exact
`
`same specification that existed since 2009 in the patents that
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`were issued in this case. Correct?
`
`Now I know, yes.
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`Well, you knew that back then, didn't you?
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`The patents were not created and even filed.
`
`How could I
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`what the future looks like?
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`No.
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`You knew exactly what the specification was when the
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`letters -- when you received the letter from the attorney.
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`You knew what
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`the specification was for the patents in the
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`provisionals that had been filed in 2009.
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`A.
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`Yes.
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, ~ oe
`
`Shawn M. McRoberts TheR&MRGonPRRTechnologiesInc, v. Bright Data Ltd.
`Federal Official Court Reporter
`IPR2022-00138,
`oon
`
`
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