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
`_________________________
`
`
`
`
`
`PATENT OWNER’S MOTION TO SEAL AND
`TO ENTER THE 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
`
`
`_________________________
`
`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
`_________________________
`
`
`
`
`
`PATENT OWNER’S MOTION TO SEAL AND
`TO ENTER THE 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
`
`
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`TABLE OF CONTENTS
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`I. RELIEF REQUESTED .................................................................................. 1
`II. LEGAL STANDARD ..................................................................................... 1
`III. SEALING OF EXHIBITS 2018, 2020, 2021-2024, AND 2044 ................... 2
`A. EXHIBIT 2018 (NETWORK DIAGRAM) .............................................. 2
`B. EXHIBIT 2020 (SOURCE CODE APPENDIX TO EXPERT
`DECLARATION) ..................................................................................... 4
`C. EXHIBITS 2021-2024 (SOURCE CODE FILES) ................................... 5
`D. EXHIBIT 2044 (EXPERT DECLARATION) ......................................... 7
`IV. SEALING OF THE PATENT OWNER RESPONSE ................................ 7
`V. ENTRY OF THE JOINT PROTECTIVE ORDER .................................... 7
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`IPR2022-00135 of Patent No. 10,257,319
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`PATENT OWNER’S LIST OF EXHIBITS
`
`
`EX. 2001 Declaration of Dr. V. Thomas Rhyne
`
`EX. 2002 U.S. Patent No. 10,469,614
`
`EX. 2003 U.S. Patent No. 10,491,712
`
`EX. 2004 U.S. Patent No. 10,491,713
`
`EX. 2005 U.S. Patent No. 11,050,852
`
`EX. 2006 U.S. Patent No. 8,972,602 (“Mithyantha”)
`
`EX. 2007 Order (Dkt. 303) in the case of Bright Data Ltd. f/k/a Luminati
`Networks Ltd. v. Teso LT, UAB a/k/a UAB Teso LT, et al., Case No.
`2:19-cv-00395 (E.D. Tex. Feb. 12, 2021)
`
`Patent Owner’s Sur-Reply (Dkt. 47) in the case of Bright Data Ltd.
`f/k/a Luminati Networks Ltd. v. Teso LT, UAB a/k/a UAB Teso LT,
`et al., Case No. 2:19-cv-00395 (E.D. Tex. May 5, 2020)
`
`Patent Owner’s Reply (Dkt. 145) in the case of Bright Data Ltd.
`f/k/a Luminati Networks Ltd. v. Teso LT, UAB a/k/a UAB Teso LT,
`et al., Case No. 2:19-cv-00395 (E.D. Tex. Oct. 20, 2020)
`
`EX. 2010 Deposition Transcript of Dave Levin, dated July 22, 2022
`
`EX. 2011 U.S. Patent No. 8,560,604
`
`EX. 2012 U.S. Patent No. 10,069,936
`
`Claim Construction Order (Dkt. 146) in the case of Bright Data
`Ltd. v. NetNut Ltd., Case No. 2:21-cv-00225 (E.D. Tex. May 10,
`2022)
`
`
`EX. 2008
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`EX. 2009
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`EX. 2013
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`ii
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`IPR2022-00135 of Patent No. 10,257,319
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`EX. 2014
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`EX. 2018
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`EX. 2019
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`Bright Data, “Residential Proxy Network”, accessed at
`https://brightdata.com/proxy-types/residential-proxies on July 29,
`2022
`
`EX. 2015 Definition “Consumer”, Cambridge English Dictionary; accessed at
`https://dictionary.cambridge.org/us/dictionary/english/consumer on
`June 10, 2022
`
`EX. 2016 Definition “Consumer”, Collins English Dictionary; accessed at
`https://www.collinsdictionary.com/us/dictionary/english/consumer
`on June 10, 2022
`
`EX. 2017 Network Fundamentals Study Guide, published February 17, 2015;
`accessed at https://www.webopedia.com/reference/network-
`fundamentals-studyguide/#topologies on June 14, 2022
`
`Bright Data, Network Diagram – HIGHLY CONFIDENTIAL –
`OUTSIDE ATTORNEYS’ EYES ONLY
`
`EMK Capital, “EMK acquires Luminati”, published August 10,
`2017; accessed at https://www.emkcapital.com/emk-acquires-
`luminati-worlds-largest-ip-proxy-network-brings-transparency-
`internet/ on July 29, 2022
`
`EX. 2020 Appendix to Declaration of Dr. Tim A. Williams - HIGHLY
`CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY –
`SOURCE CODE
`
`Source Code File 1 of 4 - HIGHLY CONFIDENTIAL – OUTSIDE
`ATTORNEYS’ EYES ONLY – SOURCE CODE
`
`Source Code File 2 of 4 - HIGHLY CONFIDENTIAL – OUTSIDE
`ATTORNEYS’ EYES ONLY – SOURCE CODE
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`Source Code File 3 of 4 - HIGHLY CONFIDENTIAL – OUTSIDE
`ATTORNEYS’ EYES ONLY – SOURCE CODE
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`Source Code File 4 of 4 - HIGHLY CONFIDENTIAL – OUTSIDE
`ATTORNEYS’ EYES ONLY – SOURCE CODE
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`EX. 2021
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`EX. 2022
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`EX. 2023
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`EX. 2024
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`iii
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`EX. 2025
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`EX. 2026
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`Frost & Sullivan Report, “Global IP Proxy Networks Market,”
`published July 2019
`
`Excerpts from Trial Transcript, Day 1 in the case of Bright Data
`Ltd. f/k/a Luminati Networks Ltd. v. Teso LT, UAB a/k/a UAB Teso
`LT, et al., Case No. 2:19-cv-00395 (E.D. Tex. Nov. 1, 2021)
`
`Excerpts from Trial Transcript, Day 3 in the case of Bright Data
`Ltd. f/k/a Luminati Networks Ltd. v. Teso LT, UAB a/k/a UAB Teso
`LT, et al., Case No. 2:19-cv-00395 (E.D. Tex. Nov. 3, 2021)
`
`Jury Verdict (Dkt. 516) in the case of Bright Data Ltd. f/k/a
`Luminati Networks Ltd. v. Teso LT, UAB a/k/a UAB Teso LT, et al.,
`Case No. 2:19-cv-00395 (E.D. Tex. Nov. 5, 2021)
`
`Bright Data, “Proxy Services”, accessed at
`https://brightdata.com/proxy-types on July 29, 2022
`
`EX. 2030 Oxylabs, “Legal Timeline Between Oxylabs and Luminati (now
`Bright Data)”, accessed at https://oxylabs.io/legal-timeline on
`August 4, 2022
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`Earthweb, “16 Best Residential Proxies to Buy in 2022”, last
`updated May 19, 2022; accessed at
`https://earthweb.com/residential-proxies/ on May 19, 2022
`
`SmartProxy, “What is the difference between residential and
`datacenter proxies?”, published June 3, 2021; accessed at
`https://smartproxy.com/blog/what-is-the-difference-between-
`proxy-servers-and-data-centers on May 19, 2022
`
`EX. 2033 Microleaves, “Backconnect Residential Proxies”, accessed at
`https://web.archive.org/web/20170913105635/https://microleaves.c
`om/services/backconnect-proxies?promotion=dNPa on May 20,
`2022
`
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`EX. 2027
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`EX. 2028
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`EX. 2029
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`EX. 2031
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`EX. 2032
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`EX. 2036
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`EX. 2037
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`EX. 2038
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`EX. 2039
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`EX. 2035
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`EX. 2034 Oxylabs, “Residential Proxies,” accessed at
`https://web.archive.org/web/20200701171337/https://oxylabs.io/pr
`oducts/residential-proxy-pool on May 20, 2022
`
`Bright Data, “When should I use the residential network?”,
`accessed at https://help.brightdata.com/hc/en-
`us/articles/4413156951825-When-should-I-use-the-residential-
`network- on August 2, 2022
`
`Bright Data, “Cost effectiveness of residential IPs”, accessed at
`https://help.brightdata.com/hc/en-us/articles/4413161607441-Cost-
`effectiveness-of-residential-IPs on August 2, 2022
`
`Bright Data, “Using the system”, accessed at
`https://help.brightdata.com/hc/en-us/articles/4413167165969-
`Using-the-system on August 2, 2022
`
`Bright Data, “Which ports and protocols are supported by Bright
`Data?”, accessed at https://help.brightdata.com/hc/en-
`us/articles/4413222000017-Which-ports-and-protocols-are-
`supported-by-Bright-Data- on August 2, 2022
`
`Bright Data, “How do I integrate Bright Data as my proxy
`network?”, accessed at https://help.brightdata.com/hc/en-
`us/articles/4413213552273-How-do-I-integrate-Bright-Data-as-my-
`proxy-network- on August 2, 2022
`
`Bright Data, “How do I integrate Bright Data into a web browser
`automation tool?”, accessed at https://help.brightdata.com/hc/en-
`us/articles/4413213588369-How-do-I-integrate-Bright-Data-into-a-
`web-browser-automation-tool- on August 2, 2022
`
`Bright Data, “What is Bright Data Proxy Browser Extension?”,
`accessed at https://help.brightdata.com/hc/en-
`us/articles/4413213983633-What-is-Bright-Data-Proxy-Browser-
`Extension- on August 2, 2022
`
`
`EX. 2040
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`EX. 2041
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`EX. 2043
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`EX. 2045
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`EX. 2042 Wikipedia, “Domain Name System”, accessed at
`https://en.wikipedia.org/wiki/Domain_Name_System on August 2,
`2022
`
`Bright Data, “Using BrightData in Android settings”, accessed at
`https://help.brightdata.com/hc/en-us/articles/4413168253969-
`Using-BrightData-in-Android-settings on August 2, 2022
`
`EX. 2044 Declaration of Dr. Tim A. Williams - HIGHLY CONFIDENTIAL
`– OUTSIDE ATTORNEYS’ EYES ONLY
`
`Excerpts from Tanenbaum, A., et al., “Computer Networks – Fifth
`Edition”, copyright 2011, ISBN 0-13-212695-8
`
`Joint Protective Order
`
`Redlined version of the Joint Protective Order (compared to
`Default Protective Order)
`
`Executed Acknowledgements from Dr. Tim A. Williams, by lead
`counsel for Patent Owner, and by first back-up counsel for Patent
`Owner
`
`EX. 2049 Nimble, “Nimble, Your Effortless Web Data Gathering Solution”,
`accessed at https://www.nimbleway.com/ on August 5, 2022
`
`EX. 2050 Nimble, “Privacy Policy”, accessed at
`https://www.nimbleway.com/privacy-policy/ on August 5, 2022
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`EX. 2046
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`EX. 2047
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`EX. 2048
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`I.
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`IPR2022-00135 of Patent No. 10,257,319
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`RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.54, Patent Owner respectfully requests the
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`following:
`
`First, Patent Owner respectfully requests that the Board grant this Motion to
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`Seal Exhibits 2018, 2020, 2021-2024, and 2044, which contain highly confidential
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`material.
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`Second, Patent Owner respectfully requests that the Board grant this Motion
`
`to Seal the Patent Owner Response, which contains highly confidential material.
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` Third, Patent Owner respectfully requests that the Board enter the Joint
`
`Protective Order (EX. 2046).
`
`Petitioner does not oppose this Motion.
`
`II. LEGAL STANDARD
`The Board may, for good cause, issue an order to protect a party or person
`
`from disclosing confidential information, including, but not limited to, “[r]equiring
`
`that a trade secret or other confidential research, development, or commercial
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`information not be revealed or be revealed only in a specified way.” 37 C.F.R. §
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`42.54(a)(7).
`
`A party may file a motion to seal where the motion to seal contains a
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`proposed protective order and a certification that the moving party has in good
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`faith conferred or attempted to confer with other affected parties. 37 C.F.R. §
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`42.54(a). Generally, “a movant to seal must demonstrate adequately that (1) the
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`information sought to be sealed is truly confidential, (2) a concrete harm would
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`result upon public disclosure, (3) there exists a genuine need to rely in the trial on
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`the specific information sought to be sealed, and (4), on balance, an interest in
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`maintaining confidentiality outweighs the strong public interest in having an open
`
`record.” Corning Optical Commc’ns RF, LLC v. PPC Broadband, Inc., Case
`
`IPR2014-00736, Paper 38, at 2-3 (PTAB Apr. 14, 2015).
`
`III. SEALING OF EXHIBITS 2018, 2020, 2021-2024, AND 2044
`A. EXHIBIT 2018 (NETWORK DIAGRAM)
`Confidentiality: Exhibit 2018 is a highly sensitive, technical, network
`
`diagram of Patent Owner’s commercial services, which has not been publicly
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`disclosed and Patent Owner has taken steps to guard against its disclosure in, for
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`example, pending district court litigations. E.g., Bright Data Ltd. v. Teso LT, UAB,
`
`et al., No. 2:19-cv-395 (E.D. Tex.)(“Teso Litigation”), Bright Data Ltd. v.
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`Code200, UAB, et al., No. 2:19-cv-396 (E.D. Tex.)(“Code200 Litigation”), Bright
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`Data Ltd. v. Tefincom SA, No. 2:19-cv-414 (E.D. Tex.)(“Tefincom Litigation”).
`
`Exhibit 2018 consists entirely of material designated as “HIGHLY
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`CONFIDENTAL – OUTSIDE ATTORNEYS’ EYES ONLY” such that redaction
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`would not be practical. Exhibit 2018 requires filing entirely under seal and
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`accordingly, no public version of Exhibit 2018 has been filed.
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`IPR2022-00135 of Patent No. 10,257,319
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`Consequences of disclosure: Patent Owner would be significantly harmed by
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`disclosure of Exhibit 2018 insofar as its competitors would be able to access
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`sensitive technical details regarding Patent Owner’s commercial services.
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`Importance: Exhibit 2018 is referenced in the expert declaration (Exhibit
`
`2044), the appendix to the expert declaration (Exhibit 2020), and the Patent Owner
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`Response (“POR”). Patent Owner, and its expert, rely on Exhibit 2018 to provide
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`context to Patent Owner’s source code (see discussion of Exhibits 2021-2024
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`below) and to establish nexus as it relates, in particular, to secondary
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`considerations of non-obviousness. Exhibit 2018 provides the best evidence of the
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`technical details of Patent Owner’s commercial services and there are no public
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`versions of the network diagram.
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`Balance of interests: Patent Owner’s interest in protecting this highly
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`sensitive information outweighs the Public’s interest in a complete file history. To
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`serve the Public’s interest, public versions of the expert declaration, the appendix
`
`to the expert declaration, and the POR are submitted concurrently. The harm to
`
`Patent Owner, if Exhibit 2018 were disclosed, and Patent Owner’s need to rely on
`
`Exhibit 2018, favor sealing Exhibit 2018.
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`Accordingly, good cause exists to seal Exhibit 2018.
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`IPR2022-00135 of Patent No. 10,257,319
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`B. EXHIBIT 2020 (SOURCE CODE APPENDIX TO EXPERT
`DECLARATION)
`Confidentiality: Exhibit 2020 is an appendix to the expert declaration
`
`aligning claims of the challenged patent with particular source code citations and
`
`explanations, as well as explanation of the network diagram. Patent Owner’s
`
`source code and network diagram have not been publicly disclosed and Patent
`
`Owner has taken steps to guard against their disclosure in, for example, pending
`
`district court litigations. E.g., the Teso, Code200, and Tefincom Litigations.
`
`Exhibit 2020 is designated as “HIGHLY CONFIDENTIAL – OUTSIDE
`
`ATTORNEYS’ EYES ONLY” and further designated as “SOURCE CODE”
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`subject to the restrictions on printing, transport, and transmission in the Joint
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`Protective Order (EX. 2046) discussed below. To minimize any alleged burden,
`
`because Exhibit 2020 is subject to the restrictions on printing, transport, and
`
`transmission, Exhibit 2020 (appendix to the expert declaration) is filed separately
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`from Exhibit 2044 (the expert declaration), which is not subject to these
`
`restrictions.
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`Consequences of disclosure: Patent Owner would be significantly harmed by
`
`disclosure of Exhibit 2020 insofar as its competitors would be able to access
`
`sensitive technical details regarding Patent Owner’s source code and network
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`diagram.
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`IPR2022-00135 of Patent No. 10,257,319
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`Importance: Exhibit 2020 is referenced in the expert declaration and the
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`POR. Patent Owner relies on Exhibit 2020 as an appendix to the expert declaration,
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`to provide explanation of Patent Owner’s source code (see discussion of Exhibits
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`2021-2024 below) and to establish nexus as it relates, in particular, to secondary
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`considerations of non-obviousness.
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`Balance of interests: To serve the Public’s interest, Patent Owner has
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`concurrently filed a redacted, public version of Exhibit 2020. The public version
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`redacts information that refers to or incorporates highly sensitive material from
`
`Exhibits 2018 and 2021-2024. The harm to Patent Owner, if Exhibit 2020 were
`
`disclosed in its entirety, and Patent Owner’s need to rely on Exhibit 2020, favors
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`sealing Exhibit 2020.
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`Accordingly, good cause exists to seal Exhibit 2020.
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`C. EXHIBITS 2021-2024 (SOURCE CODE FILES)
`Confidentiality: Exhibits 2021-2024 contain highly sensitive source code,
`
`which has not been publicly disclosed and Patent Owner has taken steps to guard
`
`against its disclosure in, for example, pending district court litigations. E.g., the
`
`Teso, Code200, and Tefincom Litigations. Exhibits 2021-2024 consist entirely of
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`material designated as “HIGHLY CONFIDENTAL – OUTSIDE ATTORNEYS’
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`EYES ONLY” such that redaction would not be practical. Exhibits 2021-2024 are
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`additionally designated as “SOURCE CODE” subject to the restrictions on
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`IPR2022-00135 of Patent No. 10,257,319
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`printing, transport, and transmission in the Joint Protective Order (EX. 2046)
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`discussed below. Exhibits 2021-2024 require filing entirely under seal and
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`accordingly, no public versions of these exhibits have been filed.
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`Consequences of disclosure: Patent Owner would be significantly harmed by
`
`disclosure of Exhibits 2021-2024 insofar as its competitors would be able to access
`
`sensitive technical details regarding Patent Owner’s source code.
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`Importance: Exhibits 2021-2024 are referenced in the expert declaration
`
`(Exhibit 2044), the appendix to the expert declaration (Exhibit 2020), and the POR.
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`Patent Owner, and its expert, rely on Exhibits 2021-2024 to show the operation of
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`Patent Owner’s commercial services and to establish nexus as it relates, in
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`particular, to secondary considerations of non-obviousness. Exhibits 2021-2024
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`provide the best evidence of the technical details of Patent Owner’s commercial
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`services and there are no public versions of the source code.
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`Balance of interests: Patent Owner’s interest in protecting this highly
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`sensitive information outweighs the Public’s interest in a complete file history. To
`
`serve the Public’s interest, public versions of the expert declaration, the appendix
`
`to the expert declaration, and the POR are submitted concurrently. The harm to
`
`Patent Owner, if Exhibits 2021-2024 were disclosed, and Patent Owner’s need to
`
`rely on Exhibits 2021-2024, favor sealing Exhibits 2021-2024.
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`Accordingly, good cause exists to seal Exhibit 2021-2024.
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`IPR2022-00135 of Patent No. 10,257,319
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`D. EXHIBIT 2044 (EXPERT DECLARATION)
`Exhibit 2044 is the expert declaration, which references highly sensitive
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`material in Exhibits 2018, 2020, and 2021-2024, discussed above. Additionally,
`
`Exhibit 2044 references highly sensitive financial information, including
`
`investment capital and monthly revenue of Patent Owner’s commercial services.
`
`To serve the Public’s interest, a public version of the expert declaration is
`
`submitted concurrently. The public version redacts information that refers to or
`
`incorporates highly sensitive material. For the same reasons as discussed above,
`
`the harm to Patent Owner, if Exhibit 2044 were disclosed in its entirety, and Patent
`
`Owner’s need to rely on Exhibit 2044, favor sealing Exhibit 2044.
`
`IV. SEALING OF THE PATENT OWNER RESPONSE
`The POR references highly sensitive material in Exhibits 2018, 2020, 2021-
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`2024, and 2044, discussed above. To serve the Public’s interest, a public version of
`
`the POR is submitted concurrently. The public version redacts information that
`
`refers to or incorporates highly sensitive material from Exhibits 2018, 2020, 2021-
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`2024, and 2044. For the same reasons as discussed above, the harm to Patent
`
`Owner, if the POR were disclosed, and Patent Owner’s need to submit the POR to
`
`defend the validity of the challenged patent, favor sealing the POR.
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`V. ENTRY OF THE JOINT PROTECTIVE ORDER
`With this Motion to Seal, Patent Owner respectfully requests that the Board
`
`enter the Joint Protective Order (EX. 2046). Patent Owner respectfully submits that
`
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`IPR2022-00135 of Patent No. 10,257,319
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`the Joint Protective Order (EX. 2046) is consistent with the integrity and efficient
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`administration of the proceeding. See Consolidated Trial Practice Guide
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`(November 2019)(“TPG”) at 115. The parties have agreed to the terms of the Joint
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`Protective Order and Petitioner does not oppose this Motion.
`
`The Joint Protective Order is based on the Board’s default protective order,
`
`with modifications as shown in the Redlined Version of the Joint Protective Order
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`(EX. 2047). The Joint Protective Order deviates from the Board’s default
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`protective order primarily by defining two levels of confidentiality:
`
`“CONFIDENTIAL” and “HIGHLY CONFIDENTIAL – OUTSIDE
`
`ATTORNEYS’ EYES ONLY”. The Joint Protective Order includes a second tier
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`for “highly confidential” material that is for “outside attorneys’ eyes only” and not
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`to be shared with the petitioner or in-house counsel. See EX. 2046, paragraph 5. As
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`outlined in paragraph 4 of the Joint Protective Order, “highly confidential”
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`material may include unpublished technical information, trade secret information,
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`financial information, or computer source code. These modifications are directed
`
`to preserving the highly confidential nature of Bright Data’s network diagram,
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`financial information, and source code, which require a higher level of protection
`
`than what is offered in the default protective order.
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`Due to the highly confidential nature of computer source code, the
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`producing party is to clearly mark computer source code as “source code” subject
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`IPR2022-00135 of Patent No. 10,257,319
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`to the additional provisions for “source code material” and “source code
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`documents” outlined in paragraph 6 of the Joint Protective Order. The provisions
`
`in paragraph 6 of the Joint Protective Order relate to printing, transport, and
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`transmission of “source code material” and “source code documents” that include
`
`excerpts of source code material.
`
`Patent Owner certifies that it has in good faith conferred with Petitioner and
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`the parties have no disputes regarding the Joint Protective Order.
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`Patent Owner respectfully submits that the proposed modifications are
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`appropriate for at least five reasons:
`
`First, the parties agree to the proposed modifications, which are consistent
`
`with the integrity and efficient administration of the proceeding. “The Board will
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`consider changes agreed to by the parties, and generally will accept such proposed
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`changes if they are consistent with the integrity and efficient administration of the
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`proceedings.” TPG at 115.
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`Second, this highly sensitive information has been previously produced in
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`pending district court litigations, e.g., the Teso, Code200, and Tefincom
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`Litigations, and was previously marked with confidentiality designations based on
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`the District Court Protective Order in each of those cases. Those protections should
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`be maintained in this proceeding.
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`9
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`IPR2022-00135 of Patent No. 10,257,319
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`Third, Patent Owner would be significantly harmed if this highly sensitive
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`information were disclosed to the petitioner or in-house counsel to the petitioner,
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`given the business nature of the confidential information. Petitioner has
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`represented that it is a new startup (see, e.g., Paper 8 at 1) and research shows that
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`Petitioner is focused on data collection (see generally EX. 2049
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`(https://www.nimbleway.com/) and EX. 2050 (the Privacy Policy identifies “The
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`Data Company Technologies Ltd. d/b/a Nimble”)). Patent Owner cannot share
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`highly confidential materials with an emerging competitor in the same market.
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`Fourth, the Board has previously granted modified protective orders with a
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`“HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” tier.
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`See, e.g., Varian Medical Systems, Inc., et al. v. Best Medical International, Inc.,
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`IPR2020-00071, Paper 43 at 4-5 (PTAB Oct. 23, 2020)(granting proposed
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`modifications in Paper 32); see also, e.g., Echelon Fitness Multimedia, LLC v.
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`Peloton Interactive, Inc., IPR2020-01541, Paper 56 at 87-88 (PTAB March 2,
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`2022)(public version of Paper 54; granting proposed modifications in Paper 31).
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`Fifth, Patent Owner purposely separated Exhibit 2020 (appendix to the
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`expert declaration) from Exhibit 2044 (the expert declaration) to minimize any
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`burden to the petitioner regarding the restrictions on printing, transport, and
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`transmission in paragraph 6 of the Joint Protective Order. Patent Owner also
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`concurrently filed a public version of Exhibit 2020. Otherwise, only Exhibits 2021-
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`10
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`IPR2022-00135 of Patent No. 10,257,319
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`2024 are subject to those restrictions and there can be no dispute that Exhibits
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`2021-2024 are correctly designated as “source code” given that Exhibits 2021-
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`2024 consist entirely of computer instructions.
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`Thus, Patent Owner respectfully requests that the Board enter the Joint
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`Protective Order (EX. 2046) in this proceeding. Furthermore, Patent Owner
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`understands that the terms of a protective order take effect upon the filing of a
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`Motion to Seal by a party, and remain in place until lifted or modified by the
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`Board. See TPG at 107.
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`Date: August 24, 2022
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`Respectfully submitted,
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`By: /s/ Thomas M. Dunham
`Thomas M. Dunham
`Reg. No. 39,965
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`Cherian LLP
`1901 L Street NW, Suite 700
`Washington, D.C. 20036
`(202) 838-1567
`
`ATTORNEY FOR PATENT OWNER,
`BRIGHT DATA LTD.
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`11
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`IPR2022-00135 of Patent No. 10,257,319
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`CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS
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`This Motion is within the 15 page-limit, in compliance with 37 C.F.R. §§
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`42.24(a)(1)(v).
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`Date: August 24, 2022
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`Respectfully submitted,
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`By: /s/ Thomas M. Dunham
`Thomas M. Dunham
`Reg. No. 39,965
`
`Cherian LLP
`1901 L Street NW, Suite 700
`Washington, D.C. 20036
`(202) 838-1567
`
`ATTORNEY FOR PATENT OWNER,
`BRIGHT DATA LTD.
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`12
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`IPR2022-00135 of Patent No. 10,257,319
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that
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`PATENT OWNER’S MOTION TO SEAL AND TO ENTER THE JOINT
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`PROTECTIVE ORDER and all exhibits thereto were served on the undersigned
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`date via email, as authorized by Petitioner, at the following email addresses:
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`MRader-PTAB@wolfgreenfield.com
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`AWichman-PTAB@wolfgreenfield.com
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`GNieberg-PTAB@wolfgreenfield.com
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`Marie.McKiernan@wolfgreenfield.com
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`Date: August 24, 2022
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`Respectfully submitted,
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`
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`
`
`By: /s/ Thomas M. Dunham
`Thomas M. Dunham
`Reg. No. 39,965
`
`Cherian LLP
`1901 L Street NW, Suite 700
`Washington, D.C. 20036
`(202) 838-1567
`
`ATTORNEY FOR PATENT OWNER,
`BRIGHT DATA LTD.
`
`13
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