`
`
`
`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
`DEFAULT PROTECTIVE ORDER
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`1 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`
`
`The following Default Protective Order will govern the filing and treatment of
`confidential information in the proceeding:
`
`DefaultJoint Protective Order
`
`This protective order governs the treatment and filing of any confidential
`
`information, including documents and testimony.
`
`1. Confidential informationmaterials shall be clearly marked
`
`PROTECTIVE ORDER MATERIALCONFIDENTIAL.
`
`2. Access to confidential informationmaterials designated as
`
`CONFIDENTIAL is limited to the following individuals who have executed the
`
`acknowledgmentAcknowledgment 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. RepresentativesOutside 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.
`
`
`
`1
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`2 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`(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
`
`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
`
`performing work for a party, other than those persons identified above in
`
`(d)(2)(A)(E), shall be extended access to confidential informationmaterials
`
`designated as CONFIDENTIAL only 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
`
`
`
`2
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`3 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`party opposing disclosure to that person shall have the burden of proving that such
`
`person should be restricted from access to confidential information.
`
`4. Persons receiving confidential informationConfidential 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 HIGHLY CONFIDENTIAL OUTSIDE ATTORNEYS EYES
`
`ONLY. Any computer source code designated as HIGHLY CONFIDENTIAL
`
`OUTSIDE ATTORNEYS EYES ONLY shall additionally be marked as
`
`SOURCE CODE and subject to the additional restrictions regarding printing,
`
`transport, and transmission in paragraph (6) below.
`
`5. Access to materials designated as HIGHLY CONFIDENTIAL
`
`OUTSIDE ATTORNEYS EYES ONLY is limited to the following individuals
`
`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,
`
`
`
`3
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`4 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`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
`
`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 marked as SOURCE CODE
`
`(individually or collectively, Source Code Material): 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
`
`
`
`4
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`5 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`(individually or collectively, Source Code Document(s)), provided that the
`
`Source Code Document is appropriately marked as HIGHLY CONFIDENTIAL
`
`OUTSIDE ATTORNEYS EYES ONLY and as SOURCE CODE and
`
`restricted to those who are entitled to have access to them as specified herein.
`
`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 which, pursuant to the Boards rules 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
`
`marked as HIGHLY CONFIDENTIAL OUTSIDE ATTORNEYS EYES
`
`ONLY and as SOURCE CODE and is encrypted before it is transmitted.
`
`
`
`5
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`6 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`(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
`
`appropriately marked as HIGHLY CONFIDENTIAL OUTSIDE
`
`ATTORNEYS EYES ONLY and as SOURCE CODE.
`
`(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 OUTSIDE ATTORNEYS EYES ONLY
`
`and as SOURCE CODE.
`
`(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).
`
`
`
`6
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`7 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`(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
`
`under paragraph (5) above, on paper or removable electronic media (e.g., a
`
`DVD, CD-ROM, or flash memory stick) via hand carry, Federal Express
`
`or other similarly reliable courier.
`
`7. The term Designated Material as used herein shall mean material that is
`
`designated CONFIDENTIAL, HIGHLY CONFIDENTIAL OUTSIDE
`
`ATTORNEYS EYES ONLY, and/or SOURCE CODE 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;
`
`
`
`7
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`8 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`(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
`
`(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.
`
`59. Persons receiving confidential informationDesignated 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.
`
`8
`
`
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`9 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`(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
`
`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 for Parties and Board only. The producing
`
`Party will be responsible for filing a Motion to Seal in accordance
`
`with the Boards rules, procedures, and orders.
`
`
`
`9
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`10 of 13
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`(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 PROTECTIVE
`
`ORDER MATERIALCONFIDENTIAL, HIGHLY CONFIDENTIAL
`
`OUTSIDE ATTORNEYS EYES ONLY, and/or SOURCE CODE and
`
`shall be produced in a manner that maintains its confidentiality.
`
`610. Within 60 days after the final disposition of this action, including the
`
`exhaustion of all appeals and motions, each party receiving confidential
`
`informationDesignated 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:
`
`
`
`[CAPTION]
`
`
`
`10
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`11 of 13
`
`
`
`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. 2047
`12 of 13
`
`
`
`Standard Acknowledgment for Access to Protective OrderDesignated Material
`
`IPR2022-00135 of Patent No. 10,257,319
`
`I __________________________________________, affirm that I
`
`have read the Joint Protective Order; that I will abide by its terms; that I will
`
`use the confidential informationDesignated 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
`
`
`
`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2047
`13 of 13
`
`