Data Co Exhibit 1081 (Redacted)
`Data Co. v. Bright Data
`IPR2022-00135
`
`
`Data Co. v. Bright Data
`IPR2022-00135
`
`
`
`HIGHLY CONFIDENTIAL
`OUTSIDE ATTORNEYS' EYES ONLY - SOURCE CODE
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`THE DATA COMPANY TECHNOLOGIES, INC.,
`
`Petitioner,
`
`vs.
`
`BRIGHT DATA LTD.,
`
`Patent Owner,
`
`CASE NO. IPR2022-00135
`
`PATENT NO. 10,257,319
`
`VIRTUAL DEPOSITION OF DR. TIM A. WILLIAMS
`
`WITNESS LOCATION: DANVILLE, CALIFORNIA
`
`Thursday, November 3, 2022
`
`9:13 a.m. PDT
`
`Reported by: Jill E. Shepherd, RPR, CA CSR 13275,
`
`NV CCR 948
`
`Job No. 105427
`
`1 2
`
`3
`
`4 5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`2
`
`1 VIRTUAL DEPOSITION OF DR. TIM A. WILLIAMS,
`
`2 a witness called on behalf of the Petitioner, before
`
`3 Jill E. Shepherd, RPR, NV-CCR #948, CA-CSR #13275,
`
`4 on Thursday, November 3, 2022, 9:13 a.m. PDT.
`
` VIRTUAL APPEARANCES:
`
` For the Petitioner:
`
`5 6 7
`
`8 9
`
`10 WOLF GREENFIELD & SACKS, P.C.
` By: Michael N. Rader, Esq.
`11 Adam Wichman, Esq.
` 600 Atlantic Avenue
`12 Boston, Massachusetts 02210-2206
` 617.646.8000
`13 Michael.Rader@WolfGreenfield.com
` Adam.Wichman@wolfgreenfield.com
`14
`
`15
` For the Patent Owner:
`16
` CHERIAN LLP
`17 By: Thomas M. Dunham, Esq.
` Elizabeth A. O'Brien, Esq.
`18 1901 L Street NW, Suite 700
` Washington, D.C. 20036
`19 202.838.1567
` tomd@cherianllp.com
`20 elizabetho@cherianllp.com
`
`21
`
`22
`
`23
`
`24
`
`25
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`3
`
`1 I N D E X
`
`2 WITNESS PAGE
`
`3 DR. TIM A. WILLIAMS
`
`4 Examination by Mr. Rader 5
`
`5 Examination by Mr. Dunham 101
`
` E X H I B I T S
`
`6 7 8
`
`9
`
`10 NO. DESCRIPTION PAGE
`
`11 Williams 1080 Patent No. US 68
` 2003/0009518A1 (Harrow)
`12
` Williams 2054 Errata Sheet from Dr. 101
`13 Williams (to be provided)
`
`14 Williams 2055 E-mail from Elizabeth 101
` O'Brien to Counsel,
`15 11/2/2022 @ 11:39 a.m.
` Re: IPR2022-00135 and
`16 -00138 - HC - OAEO -
` Source Code
`17
` (Highly Confidential -
`18 Outside Attorneys' Eyes
` Only - Source Code)
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`4
`
`1 Thursday, November 3, 2022
`
`2 8:59 a.m.
`
`3 * * * * *
`
`4 THE COURT REPORTER: Good morning. Today's
`
`5 date is Thursday, November 3, 2022, and the time is
`
`6 approximately 8:59 a.m. This is the deposition of
`
`7 Dr. Tim A. Williams, in the matter of The Data
`
`8 Company Technologies, Inc., versus Bright Data Ltd.,
`
`9 venued in the United States Patent and Trademark
`
`10 Office, before the Patent Trial and Appeal Board,
`
`11 Case Number IPR2022-00135, regarding Patent Number
`
`12 10,257,319.
`
`13 My name is Jill Shepherd. I am a Certified
`
`14 Court Reporter, here on behalf of O'Brien and Levine
`
`15 Court Reporting Solutions.
`
`16 At this time, I will ask counsel to
`
`17 identify themselves, state whom they represent, and
`
`18 agree on the record that there is no objection to
`
`19 this court reporter administering a binding oath via
`
`20 Zoom. If no objection is stated, we will proceed
`
`21 forward with the agreement of all counsel. We will
`
`22 begin appearances with the noticing attorney.
`
`23 MR. RADER: Thank you. My name is Michael
`
`24 Rader from Wolf Greenfield on behalf of the
`
`25 petitioner, The Data Company Technologies, Inc., and
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`5
`
`1 we have no objection.
`
`2 MR. DUNHAM: This is Tom Dunham on behalf
`
`3 of patent owner and Bright Data, and with me is
`
`4 Elizabeth O'Brien, and we have no objection.
`
`5 MR. WICHMAN: And this is Adam Wichman with
`
`6 Wolf Greenfield, also for petitioner.
`
`7 * * * * *
`
`8 Whereupon,
`
`9 DR. TIM A. WILLIAMS,
`
`10 a witness, called for examination by counsel for
`
`11 Petitioner, being first sworn, was examined and
`
`12 testified as follows:
`
`13 * * * * *
`
`14 * * * * *
`
`15 EXAMINATION
`
`16 BY MR. RADER:
`
`17 Q. All right. Good morning. Thank you,
`
`18 Dr. Williams. It's nice to see you again.
`
`19 A. Nice to see you.
`
`20 Q. You're here to testify in connection with
`
`21 two separate IPRs, right?
`
`22 A. Correct.
`
`23 Q. All right. Now, one of those IPRs is
`
`24 number IPR2022-00138 and it concerns U.S. Patent
`
`25 Number 10,484,510.
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`6
`
`1 Did I get that right?
`
`2 A. I don't have the numbers in front of me.
`
`3 Q. Take a look at your declaration. One of
`
`4 your declarations is behind Tab 2 in your binder.
`
`5 A. This is about IPR2022-00135 and 138.
`
`6 Q. Okay.
`
`7 And, yeah, I just want to get the
`
`8 terminology down.
`
`9 So if I refer to those for shorthand as the
`
`10 "138 IPR" and the "135 IPR," will you understand me?
`
`11 A. Yes. But I'd prefer to talk about the
`
`12 patent numbers.
`
`13 Q. Sure.
`
`14 And the 138 IPR is U.S. Patent Number
`
`15 10,484,510?
`
`16 A. Yes.
`
`17 Q. And the 135 IPR is U.S. Patent Number
`
`18 10,257,319?
`
`19 A. Yes.
`
`20 Q. And so if I -- sounds like you are pretty
`
`21 comfortable with those numbers. If I use the
`
`22 shorthand 51 -- or '510 on the one hand and '319 on
`
`23 the other, you will understand I'm referring to
`
`24 those patents?
`
`25 A. Yes.
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`7
`
`1 Q. You provided testimony in the form of a
`
`2 declaration in each of the two IPRs we just
`
`3 referenced; is that right?
`
`4 A. I have.
`
`5 Q. Okay.
`
`6 And you are prepared today to answer
`
`7 questions about your testimony in each of those two
`
`8 proceedings?
`
`9 A. I am.
`
`10 Q. Okay.
`
`11 You should have received from us by FedEx
`
`12 two binders of materials behind numbered tabs; is
`
`13 that accurate?
`
`14 A. I opened the first box and there's a
`
`15 binder. I haven't opened the second box yet.
`
`16 Q. Okay. You may as well just open it now so
`
`17 you have access to it.
`
`18 A. Okay. I have it.
`
`19 Q. Okay. Great.
`
`20 And just so you know, most, if not all, of
`
`21 the documents about which I intend to ask questions
`
`22 are in these binders, so it will be convenient for
`
`23 you to have the hard copies. If for some reason
`
`24 there's something that didn't make it in, I can use
`
`25 eDepoze, but I did send an e-mail to the attorneys
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`8
`
`1 yesterday. Hopefully you were updated.
`
`2 For some reason we forgot to include in the
`
`3 binders the '510 and '319 patents.
`
`4 Do you have copies of those of your own
`
`5 available for you to look at?
`
`6 A. Yes, I have clean copies.
`
`7 Q. Okay. Terrific. Thank you.
`
`8 All right. I'd like to start just by
`
`9 confirming your understanding of a few technical
`
`10 things.
`
`11 What is an IP address?
`
`12 A. An IP address is an address used within a
`
`13 suite of protocols called the Internet protocols.
`
`14 Q. And how is an IP address used, generally
`
`15 speaking, within that suite of protocols?
`
`16 A. It indicates -- it indicates an address of
`
`17 the device on the protocol network.
`
`18 Q. And how would an IP address be assigned to
`
`19 a particular device on that network?
`
`20 MR. DUNHAM: Objection. Form.
`
`21 A. In general, there's a committee that
`
`22 assigns IP addresses to various service providers
`
`23 and those addresses are allocated by the service
`
`24 providers.
`
`25 ///
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`9
`
`1 BY MR. RADER:
`
`2 Q. So if I log on to the Internet with a
`
`3 device from my home, for example, is my public IP
`
`4 address assigned by my Internet service provider?
`
`5 A. What do you mean by your "public IP
`
`6 address"?
`
`7 Q. Let me -- maybe I added a word. I will
`
`8 just rephrase it.
`
`9 If I log on to the Internet with, let's
`
`10 say, my laptop at home, how does my laptop get an IP
`
`11 address?
`
`12 A. Well, based on the contract that you have
`
`13 with your service provider, you've been assigned an
`
`14 IP address or any dynamic -- a range of dynamic IP
`
`15 addresses and those are allocated by the service
`
`16 provider to your laptop or your house.
`
`17 Q. Okay.
`
`18 And what is a MAC address?
`
`19 A. A MAC address is the address that's
`
`20 assigned to the actual hardware for the Internet
`
`21 interface cards or devices.
`
`22 Q. And do you understand correctly that MAC
`
`23 stands for media access control?
`
`24 A. That's correct.
`
`25 Q. I'm sorry, to what piece of hardware did
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`10
`
`1 you say the MAC address is assigned?
`
`2 A. Well, traditionally, it was the -- it was
`
`3 the Ethernet interface card, but today it's in all
`
`4 sorts of chips and devices.
`
`5 Q. Okay.
`
`6 And how are MAC addresses assigned to those
`
`7 chips and devices?
`
`8 A. Did you say assigned or defined?
`
`9 Q. Assigned.
`
`10 A. Yes. There's an industry standard
`
`11 committee that assigns ranges of MAC addresses to
`
`12 various companies that are producing the interface
`
`13 devices.
`
`14 Q. So does every device, like a computer or a
`
`15 tablet or -- and so on, that is going to have either
`
`16 WiFi or Ethernet access, does it need to have one of
`
`17 these cards with a MAC address?
`
`18 A. As I said, it doesn't necessarily have to
`
`19 be a card anymore. I said traditionally it was a
`
`20 card.
`
`21 Q. Okay. Yes. So let me just try to ask it
`
`22 more simply.
`
`23 Am I correct to understand that every
`
`24 device that connects to WiFi or Ethernet has a MAC
`
`25 address?
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`11
`
`1 A. Every device that connects to Ethernet has
`
`2 a MAC address.
`
`3 Q. And what about WiFi?
`
`4 A. Every device that connects to WiFi has a
`
`5 MAC address.
`
`6 Q. Okay.
`
`7 All right. Let's pull out the '510 patent,
`
`8 if we could. I know you said you had a copy of it.
`
`9 A. Yeah. Just a second.
`
`10 Okay. I have it.
`
`11 Q. Okay. Great.
`
`12 First of all, do you understand that the
`
`13 '510 patent and the '319 patent share the same
`
`14 specification?
`
`15 A. That's my understanding.
`
`16 Q. Okay.
`
`17 I just want to refresh us on a little bit
`
`18 of background about some things in the patent. So
`
`19 if you could turn to Figure 3, please.
`
`20 You are familiar with Figure 3, I take it?
`
`21 A. I am.
`
`22 Q. I guess I should say for the record that
`
`23 the '510 patent in the IPR proceeding or related to
`
`24 the '510 patent is Exhibit 1001.
`
`25 And if you could turn to Column 4 of the
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`12
`
`1 patent just for a second where it talks about
`
`2 Figure 3.
`
`3 A. Yes.
`
`4 Q. Do you see about line 8 it says:
`
`5 "Figure" -- sorry. At about line 5, it says:
`
`6 "Figure 3 is a schematic diagram providing an
`
`7 example of a communication network in accordance
`
`8 with the present convention."
`
`9 Do you see that?
`
`10 A. Column 3, line 55?
`
`11 Q. No. Sorry. I better back up.
`
`12 You see at the top of Column 4 in the '510
`
`13 patent it talks about figures?
`
`14 A. Description of the figure?
`
`15 Q. Yeah.
`
`16 A. Yes. I see the description of the figure.
`
`17 Q. Okay.
`
`18 And the description of the figure is that
`
`19 Figure 3 is a schematic diagram providing an example
`
`20 of a communication network in accordance with the
`
`21 present invention, right?
`
`22 A. That's what it says, yes.
`
`23 Q. Okay.
`
`24 Now, in Figure 3, if you look to Figure 3,
`
`25 it includes the client 102, right?
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`13
`
`1 A. Yes.
`
`2 Q. It includes an agent of 122?
`
`3 A. Yes.
`
`4 Q. And it includes peers 112 and 114 of 116.
`
`5 A. Correct.
`
`6 Q. Now, on the next page you have Figure 4.
`
`7 We can look at that.
`
`8 A. Yes.
`
`9 Q. Figure 4 depicts communication device 200;
`
`10 is that right?
`
`11 A. Yes.
`
`12 Q. All right.
`
`13 And communication device 200 has, among
`
`14 other things, an acceleration application 220 on the
`
`15 right-hand side?
`
`16 A. Yes.
`
`17 Q. All right. And then if we want to know
`
`18 more about that, if you turn to Figure 6, please.
`
`19 A. Yes.
`
`20 Q. Figure 6 provides some more information
`
`21 about the acceleration application 220, correct?
`
`22 A. Yes.
`
`23 Q. The acceleration application 220 includes
`
`24 the four modules that are depicted in Figure 6?
`
`25 A. There are four modules depicted in
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`14
`
`1 Figure 6.
`
`2 Q. Okay.
`
`3 So one -- skipping the first one, one of
`
`4 the modules in acceleration application 220 is the
`
`5 client module 224?
`
`6 A. Yes.
`
`7 Q. And that has the peer module 226?
`
`8 A. Yes.
`
`9 Q. And then it has the agent module 228?
`
`10 A. Yes.
`
`11 Q. All right.
`
`12 Now, in your declaration you explain that
`
`13 each communication device 200 is configured to
`
`14 operate either as the clients appear or an agent as
`
`15 necessary.
`
`16 Do you recall that?
`
`17 A. I do.
`
`18 Q. Okay.
`
`19 And if we could turn, behind Tab 2 is your
`
`20 declaration, Exhibit 2044, in the IPR related to the
`
`21 '510 patent.
`
`22 A. Yes.
`
`23 Q. That paragraph 61 on page 30 is where you
`
`24 talk about each communication device being
`
`25 configured to operate as a client agent or peer as
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`15
`
`1 necessary.
`
`2 Do you see that?
`
`3 A. Paragraph 61 says what it says, yes.
`
`4 Q. Okay.
`
`5 You see where you refer to the phrase
`
`6 "communication device" in paragraph 61?
`
`7 A. Yes.
`
`8 Q. Is that a reference to the communication
`
`9 device 200 of Figure 4 that we looked at a couple
`
`10 moments ago?
`
`11 A. (Witness reviewing document.)
`
`12 Can I have the question again, please?
`
`13 Q. Sure. I was just asking whether, when you
`
`14 use the phrase "communication device" in
`
`15 paragraph 61, you are talking about communication
`
`16 device 200 of Figure 4 that we were looking at.
`
`17 A. Yes.
`
`18 MR. DUNHAM: Objection. Form.
`
`19 A. Yes.
`
`20 BY MR. RADER:
`
`21 Q. All right.
`
`22 And as I think you also just testified, so
`
`23 the communication device 200 of Figure 4 of the
`
`24 acceleration application, which, in turn, as shown
`
`25 in Figure 6, contains the client module, agent
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`16
`
`1 module, and peer module; is that right?
`
`2 A. Well, these are embodiments of how -- the
`
`3 capabilities of these devices, so it's not the only
`
`4 functionality of the device.
`
`5 Q. But as reflected in the figures, the
`
`6 communication device 200 of Figure 4 does have the
`
`7 acceleration application which, in turn, for
`
`8 Figure 6, has the three modules that we talked
`
`9 about?
`
`10 A. Yes. As disclosed in the -- in these
`
`11 figures as an example, yes.
`
`12 Q. All right. Now, if you could turn in the
`
`13 same -- your same declaration, Exhibit 2044, in the
`
`14 '510 patent IPR at page 33.
`
`15 A. Yes.
`
`16 Q. Now, this is a modified version of Figure 3
`
`17 from the patent; is that right?
`
`18 A. It is.
`
`19 Q. Okay.
`
`20 The modification is that you've inserted a
`
`21 proxy server in between the client 102 and the
`
`22 agent 102?
`
`23 A. I did.
`
`24 Q. If my eyesight is back here, you circled
`
`25 "client 102" in purple; is that fair?
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`17
`
`1 A. Yes.
`
`2 Q. And client 102 is a communication device
`
`3 200?
`
`4 A. It can be, yes.
`
`5 Q. And then you circled "agent 122" in red?
`
`6 A. Yes.
`
`7 Q. And agent 122 is a communication device
`
`8 200?
`
`9 A. 200 is an example of what agent 122 can be.
`
`10 Q. And you have some color-coded language in
`
`11 paragraph 64 just above the modified figure.
`
`12 At the very bottom of page 32, you've
`
`13 colored the phrase "first client device" in red.
`
`14 Do you see that?
`
`15 A. Yes.
`
`16 Q. And by coloring that in red, you are
`
`17 indicating a correspondence to the agent 122 in your
`
`18 modified figure?
`
`19 A. Yes.
`
`20 Q. Now, "first client device" is a phrase from
`
`21 the claims of the '510 and '319 patents, right?
`
`22 A. It is.
`
`23 Q. So based on what you are showing here with
`
`24 the color coding, agent 122, which is a
`
`25 communication device 200, corresponds to the first
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`18
`
`1 client device of the claims?
`
`2 A. As we discussed before, 200 is an example
`
`3 of a client device -- of a communication device, so
`
`4 it's not necessarily a one-to-one relationship.
`
`5 Q. As an example of a first client device, you
`
`6 are saying that agent 122, which is a communication
`
`7 device 200, is an exemplary correspondence to the
`
`8 first client device of the claims?
`
`9 A. No. I'm saying agent 122 can be
`
`10 implemented in multiple ways. Device 200 is an
`
`11 example of a way in which that can be implemented.
`
`12 Q. So when agent 122 is implemented as a
`
`13 client device 200, your color coding indicates that
`
`14 it corresponds to the first client device of the
`
`15 claims; is that fair?
`
`16 A. I want it to be clearly understood that
`
`17 communication device 200 is not the only form and
`
`18 function of agent 122 or client 102.
`
`19 Q. I understand. I'm just asking you right
`
`20 now about client device 200 [verbatim].
`
`21 Are you following me?
`
`22 A. Well, 200 is a communication device, so
`
`23 please use your words correctly.
`
`24 Q. Sure.
`
`25 Let's see. If you could turn to -- let me
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`19
`
`1 try to rephrase my question. I think I -- I think I
`
`2 know what you are getting at.
`
`3 We were talking about something that the
`
`4 patent refers to as communication device 200, right?
`
`5 A. Yes, we were.
`
`6 Q. Okay.
`
`7 And agent 122 is a communication device
`
`8 200?
`
`9 A. Agent 122 can be implemented as
`
`10 communication device 200. It can also be
`
`11 implemented as other -- in other functionality and
`
`12 forms.
`
`13 Q. Well, when agent 122 is implemented as
`
`14 communication device 200, your color coding
`
`15 indicates that it corresponds to the first client
`
`16 device of the claims?
`
`17 A. That's one example, yes.
`
`18 Q. Now, is there any other place where the
`
`19 '510 patent specification describes specifically a
`
`20 different implementation of agent 122 other than
`
`21 communication device 200?
`
`22 A. Well, a POSITA would know that device 122
`
`23 doesn't necessarily have to include the peer module
`
`24 and the agent module or the client module. It can
`
`25 pick and choose which module it intends to use.
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`20
`
`1 Q. Okay.
`
`2 Is there any way that the specification of
`
`3 the '510 patent specifically talks about that, or is
`
`4 that just something a person of ordinary skill in
`
`5 the art would understand in your view?
`
`6 A. That's something that a POSITA would
`
`7 understand.
`
`8 Q. In terms of the explicit disclosure of the
`
`9 '510 patent specification, is there any example of
`
`10 how an agent 122 would be embodied other than
`
`11 communication device 200?
`
`12 A. Well, 200 is listed in Column 5 as being an
`
`13 exemplary device, exemplary embodiment of the
`
`14 invention.
`
`15 Q. I understand. My question is a -- I don't
`
`16 want to interrupt you. Go ahead.
`
`17 A. Sorry, I'm not done with the answer.
`
`18 It should be noted that communication
`
`19 device may serve as a client, agent, or peer. So
`
`20 that would inform a POSITA that one, two, or three
`
`21 functions could be included in the communication
`
`22 device. I'm done.
`
`23 Q. Okay.
`
`24 So if I understand you correctly, the
`
`25 agent 122 would need to have the agent module, but
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`21
`
`1 would not necessarily need to have the client module
`
`2 or the peer module?
`
`3 A. Yes.
`
`4 Q. Looking at the disclosure that the
`
`5 agent 122 would not necessarily need to have the
`
`6 client or peer modules, is there any place where the
`
`7 '510 patent offers any other exemplary embodiment of
`
`8 an agent 122 other than the communication device
`
`9 200?
`
`10 MR. DUNHAM: Objection. Form.
`
`11 A. Well, Column 5 talks about 200 -- Column 5,
`
`12 line 60 talks about the general nature of the
`
`13 communication 200. It doesn't specifically say that
`
`14 you must have 200 in order to implement this -- this
`
`15 invention. Column 5, line 60, to Column 7, line 5,
`
`16 describes the general nature of a communication
`
`17 device.
`
`18 I'm done.
`
`19 BY MR. RADER:
`
`20 Q. Okay.
`
`21 So just want to go back to the language you
`
`22 used in paragraph 61 of your declaration when you're
`
`23 referring to the communication device being
`
`24 configured and operated as the client, agent, or
`
`25 peer.
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`22
`
`1 Do you recall that?
`
`2 A. Yes.
`
`3 Q. And I think you testified that
`
`4 communication device 200 configured to operate as an
`
`5 agent would be an example of the first client device
`
`6 of the claims of the '510 and '319 patents; is that
`
`7 right?
`
`8 A. What I said was agent 122 doesn't
`
`9 necessarily have to have all three functionalities.
`
`10 Q. But communication device 200 configured to
`
`11 operate as an agent, whether or not it includes the
`
`12 client module and the peer module, would be an
`
`13 example of an embodiment of the first client device
`
`14 of the claims; is that true?
`
`15 A. Yes.
`
`16 Q. And I understand you're saying that the
`
`17 specification does not limit the first client device
`
`18 of the claims only to that, so I'll just preface my
`
`19 question with that. I'm not trying to suggest
`
`20 otherwise.
`
`21 But are there any specific disclosures in
`
`22 the specification of other embodiments that would
`
`23 also correspond to first -- the first client device
`
`24 of the claims?
`
`25 A. Other than communication device 200?
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`23
`
`1 Q. Correct.
`
`2 A. Well, in paragraph 7, lines 53 to 61,
`
`3 describe alternate embodiments of a communication
`
`4 device. I'm done.
`
`5 Q. So in the paragraph starting at Column 7,
`
`6 line 53, do I understand correctly that it's saying
`
`7 the functionality of communication device 200 can be
`
`8 implemented in various different ways such as
`
`9 hardware, logic circuits, and integrated circuit
`
`10 FPJ, et cetera?
`
`11 A. Yes. That's correct.
`
`12 Q. So other than those variations in the way
`
`13 communication device 200 itself can be implemented,
`
`14 are there any other examples, other than the
`
`15 specification, that would correspond to the first
`
`16 client device of the claims?
`
`17 A. I don't understand your question.
`
`18 Q. So what I'm asking is: other than the
`
`19 communication device 200, which I understand from
`
`20 the bottom of Column 7 can have its functionality
`
`21 implemented in a variety of different ways within
`
`22 the communication device 200 -- other than that
`
`23 communication device 200, are there any other
`
`24 specific examples in the specification of
`
`25 embodiments corresponding to the first client device
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`24
`
`1 of the claims?
`
`2 A. The specification describes -- goes on to
`
`3 describe the functionality required by the software
`
`4 and anything -- so you would understand that
`
`5 anything that is capable of implementing that
`
`6 software in this case on a consumer computer, a
`
`7 consumer device would be capable of performing that
`
`8 functionality.
`
`9 Q. Right.
`
`10 And I'm not at all trying to foreclose
`
`11 other things that a person of ordinary skill in the
`
`12 art might understand, and I'm just asking whether
`
`13 there are any -- besides communication device 200,
`
`14 however implemented, are there any specific examples
`
`15 in the specification for first client device of the
`
`16 claims?
`
`17 A. Well, the patent doesn't restrict the --
`
`18 the patent describes the functionality of agent 122
`
`19 as a consumer-level device. Other than that,
`
`20 there's a description of the functionality that that
`
`21 device must have, and a POSITA would understand that
`
`22 anything that can implement that functionality on a
`
`23 consumer-level device would be -- would be in
`
`24 compliance with the specification and the claims.
`
`25 Q. Where does the specification refer to
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`25
`
`1 agent 122 as a consumer device?
`
`2 A. Column 2, line 47 to 50, in network 50
`
`3 files are stored on computers of consumers referred
`
`4 to as client devices.
`
`5 (Reporter asks for clarification.)
`
`6 A. Column 2, lines 47 to 50, "in network, 50
`
`7 files are stored on computers of consumers, referred
`
`8 to herein as client devices 60."
`
`9 BY MR. RADER:
`
`10 Q. Is there anywhere else that the patent, in
`
`11 your view, describes agent 122 as a consumer device?
`
`12 A. I discuss this in paragraph 69 of my
`
`13 report, and 70 and 71 and 72, all the way through to
`
`14 84.
`
`15 Q. I'm familiar with those paragraphs.
`
`16 Let me start with asking a simple question:
`
`17 Does the word "consumer" appear anywhere else other
`
`18 than Column 2, line 48, of the '510 patent?
`
`19 A. Line 49; line 50; line 52; Column 1,
`
`20 line 58; Column 1, line 62. That's it.
`
`21 Q. Of the ones you just mentioned, the only
`
`22 place where the '510 patent specification describes
`
`23 a device or a computer as being of a consumer is in
`
`24 Column 2, line 49; isn't that right?
`
`25 A. No.
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`26
`
`1 Q. Let me repeat my question. And I'm not
`
`2 asking what a person of ordinary skill in the art
`
`3 would understand, I'm asking about the disclosure of
`
`4 the '510 patent specification.
`
`5 Other than Column 2, line 49, is there
`
`6 anywhere, in your opinion, that the patent
`
`7 specification describes agent 122 or communication
`
`8 device 200 as a consumer computer?
`
`9 A. Yes.
`
`10 Q. Where?
`
`11 A. Starting line 49, "Each consumer can serve
`
`12 updated to other consumers via the Internet, thus
`
`13 taking the load off of serving off the distributors,
`
`14 and saving them the associated costs, and providing
`
`15 the consumer multiple points from which to download
`
`16 the data, referred to as peers 70, 72, 74, 76, and
`
`17 78, thus increasing the speed of the download."
`
`18 And then in Column 1, "The need for a new
`
`19 method of data transfer that is fast for the
`
`20 consumer, cheap for the content distributor, and
`
`21 does not require infrastructure investment for ISPs
`
`22 has become a major issue, which is yet unsolved."
`
`23 So we're talking about the allocation of
`
`24 consumer devices to perform the functionality of
`
`25 device 102.
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`27
`
`1 Q. None of those -- none of the texts you just
`
`2 read me refers to communication device 200 or
`
`3 agent 122 or even client device 102, does it?
`
`4 A. Yes, it does.
`
`5 Q. Really? Where do you see the number 200 in
`
`6 connection with the consumer computer? What column
`
`7 and line number?
`
`8 A. That's what it's talking about.
`
`9 Q. Where do you see the number 122 from
`
`10 agent 122 in connection with a consumer computer?
`
`11 A. The sections I just read. It's talking
`
`12 about that particular device.
`
`13 Q. Even though it doesn't say so?
`
`14 A. Well, is your question: Is 122 typed into
`
`15 those to sentences?
`
`16 Q. That's my question.
`
`17 A. No.
`
`18 Q. What about consumer -- sorry.
`
`19 What about communication device 200, is
`
`20 that typed in there?
`
`21 A. No. You can read it for yourself.
`
`22 Q. What about client device 102, is that typed
`
`23 in there?
`
`24 A. No. But it's clearly what it's discussing.
`
`25 Q. Let's take a look at Figure 1 of the '510
`
`O'Brien & Levine, A Magna Legal Services Company
`888.825.3376 - production@court-reporting.com
`
`
`
`The Data Company Technologies Inc. vsAttorneys Eyes Only
`
`
`Bright Data LTD.
`
`Dr. Tim A. Williams
`
`28
`
`1 patent, please.
`
`2 A. Yes.
`
`3 Q. Figure 1 shows the use of proxy servers on
`
`4 network, right?
`
`5 A. Yes.
`
`6 Q
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
