UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`THE DATA COMPANY TECHNOLOGIES INC.,
`
`Petitioner
`
`v.
`
`BRIGHT DATA LTD.,
`
`Patent Owner
`
`_________________________
`
`Case IPR2022-00135
`
`Patent No. 10,257,319
`
`_________________________
`
`JOINT PROTECTIVE ORDER
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2046
`1 of 13
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`
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`THE DATA COMPANY TECHNOLOGIES INC.,
`
`Petitioner
`
`v.
`
`BRIGHT DATA LTD.,
`
`Patent Owner
`
`_________________________
`
`Case IPR2022-00135
`
`Patent No. 10,257,319
`
`_________________________
`
`JOINT PROTECTIVE ORDER
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2046
`1 of 13
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`
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`IPR2022-00135 of Patent No. 10,257,319
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`Joint Protective Order
`
`This protective order governs the treatment and filing of any confidential
`
`information, including documents and testimony.
`
`1. Confidential materials
`
`CONFIDENTIAL
`
`2. Access to materials
`
`CONFIDENTIAL is limited to the
`
`following individuals who have executed the Acknowledgment appended to this
`
`order:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
`(B) Party Representatives. Outside counsel of record for a party in the
`
`proceeding.
`
`(C) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not a competitor to any party,
`
`or a consultant for, or employed by, such a competitor with respect to the
`
`subject matter of the proceeding.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(E) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons who are
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`1
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`reasonably necessary to assist those persons in the proceeding shall not be
`
`required to sign an Acknowledgement, but shall be informed of the terms
`
`and requirements of the Joint Protective Order by the person they are
`
`supporting who receives confidential information.
`
`(F) The Office. Employees and representatives of the United States Patent
`
`and Trademark Office who have a need for access to the confidential
`
`information shall have such access without the requirement to sign an
`
`Acknowledgement. Such employees and representatives shall include the
`
`Director, members of the Board and their clerical staff, other support
`
`personnel, court reporters, and other persons acting on behalf of the Office.
`
`3. Employees (e.g., corporate officers), consultants, or other persons
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`performing work for a party, other than those persons identified above in (2)(A)
`
`(E), shall be extended access to
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`CONFIDENTIAL only
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`upon agreement of the parties or by order of the Board upon a motion brought by
`
`the party seeking to disclose the confidential information to that person and after
`
`signing the Acknowledgment. The party opposing disclosure to that person shall
`
`have the burden of proving that such person should be restricted from access to
`
`confidential information.
`
`2
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`4. Confidential material that is so sensitive that its dissemination requires
`
`even further limitation, including but not limited to, for example, unpublished
`
`technical information, trade secret information, financial information, or computer
`
`source code, shall be clearly marked as
`
`OUTSIDE
`
`. Any computer source code designated as
`
`restrictions regarding printing, transport, and transmission in paragraph (6) below.
`
`who have executed the Acknowledgement appended to this order:
`
`(A) Party Representatives. Outside counsel of record for a party in the
`
`proceeding.
`
`(B) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not a competitor to any party,
`
`or a consultant for, or employed by, such a competitor with respect to the
`
`subject matter of the proceeding.
`
`(C) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons (including
`
`3
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`outside graphics vendors) who are reasonably necessary to assist those
`
`persons in the proceeding shall not be required to sign an
`
`Acknowledgement, but shall be informed of the terms and requirements of
`
`the Joint Protective Order by the person they are supporting who receives
`
`confidential information.
`
`(D) The Office. Employees and representatives of the United States Patent
`
`and Trademark Office who have a need for access to the confidential
`
`information shall have such access without the requirement to sign an
`
`Acknowledgement. Such employees and representatives shall include the
`
`Director, members of the Board and their clerical staff, other support
`
`personnel, court reporters, and other persons acting on behalf of the Office.
`
`6. Regarding computer source code
`
`: a receiving Party may
`
`include excerpts of Source Code Material in a paper, exhibit, expert declaration,
`
`discovery document, deposition transcript, or other document filed with the Board
`
`Document(s)
`
`, provided that the
`
`Source Code Document is appropriately marked
`
`restricted to those who are entitled to have access to them as specified herein.
`
`and
`
`4
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`Additionally, regarding printing, transport, and transmission of Source Code
`
`Material and/or Source Code Documents:
`
`(A) No electronic copies of Source Code Material shall be made without
`
`prior written consent of the producing Party, except as necessary for a
`
`document
`
`and procedures, must be filed
`
`or served electronically. Except as otherwise specified herein, Source Code
`
`Material may not be transmitted electronically over a network of any kind,
`
`including a LAN, an intranet, or the Internet, other than when the receiving
`
`Party initially receives the Source Code Material from the producing Party
`
`and saves it for later permitted use.
`
`(B) Source Code Documents may be transmitted electronically between a
`
`person authorized under paragraphs (5)(A) or (5)(C) above and a person
`
`authorized under paragraph (5)(B) above or an outside graphics vendor
`
`under paragraph 5(C) only if the Source Code Document is appropriately
`
`(C)
`
`Source Code Documents may be transmitted electronically between
`
`persons authorized under paragraphs (5)(A) or (5)(C) above and/or another
`
`person within the same law firm only if the Source Code Document is
`
`5
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`OUTSIDE
`
`ATTORNE
`
`(D) The receiving Party shall be permitted to make a reasonable number of
`
`printouts and photocopies of Source Code Material and/or Source Code
`
`Documents, all of which shall be designated and clearly labeled as
`
`HIGHLY CONFIDENTIAL
`
`(E) The receiving Party shall ensure that outside counsel, experts, and/or
`
`support personnel keep the printouts or photocopies of Source Code Material
`
`and/or Source Code Documents in a secured locked area. The receiving
`
`Party may also temporarily keep the printouts or photocopies at: (i) the
`
`Board for any hearing in this proceeding, for the dates associated with the
`
`hearing; (ii) the sites where any deposition in this proceeding is taken, for
`
`the dates associated with the deposition; and (iii) any intermediate location
`
`reasonably necessary to transport the printouts or photocopies (e.g., a hotel
`
`prior to a hearing or deposition).
`
`(F) Except as otherwise specified in paragraph (6)(A) above, Source Code
`
`Material may only be transported by the receiving Party at the direction of a
`
`person authorized under paragraph (5) above to another person authorized
`
`6
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`under paragraph (5) above, on paper or removable electronic media (e.g., a
`
`DVD, CD-
`
`or other similarly reliable courier.
`
`7
`
`CONFIDENTIAL,
`
`,
`
`OUTSIDE
`
`and all copies,
`
`abstracts, compilations, summaries, and extracts of such material.
`
`8. Persons receiving Designated Material shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which persons not
`
`authorized to receive the information shall not have access;
`
`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`
`information, which efforts shall be no less rigorous than those the recipient
`
`uses to maintain the confidentiality of information not received from the
`
`disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain
`
`the confidentiality of information received that is designated as confidential;
`
`and
`
`7
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`(D) Limiting the copying of confidential information to a reasonable number
`
`of copies needed for conduct of the proceeding and maintaining a record of
`
`the locations of such copies.
`
`9. Persons receiving Designated Material shall use the following procedures
`
`to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board along
`
`with a Motion to Seal. The Motion to Seal should provide a non-
`
`confidential description of the nature of the confidential information
`
`that is under seal, and set forth the reasons why the information is
`
`confidential and should not be made available to the public. A party
`
`may challenge the confidentiality of the information by opposing the
`
`Motion to Seal. The documents or information shall remain under seal
`
`unless the Board determines that some or all of it does not qualify for
`
`confidential treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of the
`
`information submitted to the Board, the submitting party shall file
`
`confidential and non-confidential versions of its submission, together
`
`with a Motion to Seal the confidential version setting forth the reasons
`
`8
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`why the information redacted from the non-confidential version is
`
`confidential and should not be made available to the public. A party
`
`may challenge the confidentiality of the information by opposing the
`
`Motion to Seal. The non-confidential version of the submission shall
`
`clearly indicate the locations of information that has been redacted.
`
`The confidential version of the submission shall be filed under seal.
`
`The redacted information shall remain under seal unless the Board
`
`determines that some or all of the redacted information does not
`
`qualify for confidential treatment.
`
`(iii) A receiving Party may include excerpts of Designated Material in
`
`a paper, exhibit, expert declaration, discovery document, deposition
`
`transcript, or other document filed with the Board provided that the
`
`Designated Material is appropriately marked under this order and is
`
`filed with the Board
`
`. The producing
`
`Party will be responsible for filing a Motion to Seal in accordance
`
`(B) Documents and Information Exchanged Among the Parties. Documents
`
`(including deposition transcripts) and other information designated as
`
`confidential that are disclosed to another party during discovery or other
`
`proceedings before the Board shall be clearly marked as
`
`9
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`CONFIDENTIAL,
`
`OUTSIDE
`
`,
`
`and shall be
`
`produced in a manner that maintains its confidentiality.
`
`10. Within 60 days after the final disposition of this action, including the
`
`exhaustion of all appeals and motions, each party receiving Designated Material
`
`must return, or certify the destruction of, all copies of the confidential information
`
`to the producing party.
`
`(k) Standard Acknowledgement of Joint Protective Order. The following form may
`
`be used to acknowledge a protective order and gain access to information covered
`
`by the protective order:
`
`10
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`THE DATA COMPANY TECHNOLOGIES INC.,
`
`Petitioner
`
`v.
`
`BRIGHT DATA LTD.,
`
`Patent Owner
`
`_________________________
`
`Case IPR2022-00135
`
`Patent No. 10,257,319
`
`_________________________
`
`STANDARD ACKNOWLEDGEMENT
`FOR ACCESS TO DESIGNATED MATERIAL
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2046
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`Standard Acknowledgment for Access to Designated Material
`
`I __________________________________________, affirm that I
`
`have read the Joint Protective Order; that I will abide by its terms; that I will
`
`use the Designated Material only in connection with this proceeding and for
`
`no other purpose; that I will only allow access to support staff who are
`
`reasonably necessary to assist me in this proceeding; that prior to any
`
`disclosure to such support staff I informed or will inform them of the
`
`requirements of the Joint Protective Order; that I am personally responsible
`
`for the requirements of the terms of the Joint Protective Order and I agree to
`
`submit to the jurisdiction of the Office and the United States District Court
`
`for the Eastern District of Virginia for purposes of enforcing the terms of the
`
`Joint Protective Order and providing remedies for its breach.
`
`_______________________
`
`[Signature]
`
`By: _______________________
`
`Date: _______________________
`
`1
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