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
`
`
`
`
`
`
`
`
`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
`
`
`
`
`
`
`
`
`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
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`TABLE OF CONTENTS
`
`I.
`
`BACKGROUND ............................................................................................. 1
`
`II. RELIEF REQUESTED .................................................................................. 2
`
`III. LEGAL STANDARD ..................................................................................... 2
`
`IV. SEALING OF EXHIBITS 2051 AND 1081 .................................................. 3
`
`A. EXHIBIT 2051 (EMAIL REGARDING THE SOURCE CODE
`APPENDIX TO THE EXPERT DECLARATION) ................................. 3
`B. EXHIBIT 1081 (DEPOSITION TRANSCRIPT OF PATENT
`OWNER’S EXPERT, DR. WILLIAMS) ................................................. 5
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`V. CERTIFICATION ........................................................................................11
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`VI. CONCLUSION .............................................................................................13
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`IPR2022-00135 of Patent No. 10,257,319
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`PATENT OWNER’S LIST OF EXHIBITS
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`
`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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`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
`
`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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`EX. 2027
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`EX. 2028
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`EX. 2029
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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
`
`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
`
`
`EX. 2031
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`EX. 2032
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`iv
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`EX. 2036
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`EX. 2037
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`EX. 2038
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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. 2039
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`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. 2046
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`EX. 2047
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`EX. 2048
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`EX. 2042 Wikipedia, “Domain Name System”, accessed at
`https://en.wikipedia.org/wiki/Domain_Name_System on August 2,
`2022
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`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
`
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`EX. 2049 Nimble, “Nimble, Your Effortless Web Data Gathering Solution”,
`accessed at https://www.nimbleway.com/ on August 5, 2022
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`EX. 2050 Nimble, “Privacy Policy”, accessed at
`https://www.nimbleway.com/privacy-policy/ on August 5, 2022
`
`Email between the parties regarding the source code appendix to
`the expert declaration – HIGHLY CONFIDENTIAL – OUTSIDE
`ATTORNEYS’ EYES ONLY – SOURCE CODE
`
`EX. 2052 Nimble, “Nimble IP | High-Quality Proxy Services - Nimble”,
`accessed at https://www.nimbleway.com/nimble-ip/ with -1x zoom
`view on November 22, 2022
`
`
`EX. 2051
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`vi
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`I.
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`BACKGROUND
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`IPR2022-00135 of Patent No. 10,257,319
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`Patent Owner previously filed a Motion (Paper 18) to seal EXS. 2018, 2020,
`
`2021-2024, and 2044, as well as the Patent Owner Response (Paper 16), and to
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`enter the Joint Protective Order (EX. 2046). Petitioner did not oppose that Motion.
`
`Patent Owner previously filed a Provisional Motion (Paper 24) to seal EX.
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`2051 and to provisionally seal Petitioner’s Reply and any reply exhibits to the
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`extent that they were marked under the Joint Protective Order and reference any
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`highly confidential material in EXS. 2018, 2020-2024, 2051 and/or the Patent
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`Owner Response pending a meet and confer between counsel for the parties, which
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`was held on November 17, 2022. Petitioner did not oppose that Provisional
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`Motion.
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`As explained more fully below, the only dispute between the parties relates
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`to the deposition transcript of Patent Owner’s expert, Dr. Williams. Patent Owner
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`respectfully submits that the deposition transcript requires a “HIGHLY
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`CONFIDENTIAL – OUTSIDE ATTORNEYS’ ONLY” designation and certain,
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`minimal redactions to protect highly confidential details and explanations of Patent
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`Owner’s commercial services. Patent Owner has taken steps to protect this highly
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`confidential material from the public and other market competitors. Notably, the
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`parties are competitors in the same market and the petitioner and the petitioner’s
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`in-house counsel should not be given access to this highly confidential material.
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`II. RELIEF REQUESTED
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`IPR2022-00135 of Patent No. 10,257,319
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`Pursuant to 37 C.F.R. § 42.54, with this Motion, Patent Owner respectfully
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`requests the following:
`
`First, as previously outlined in the Provisional Motion and reiterated in this
`
`Motion, Patent Owner respectfully requests that the Board grant this Motion to
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`Seal Exhibit 2051, which contains highly confidential material as designated on the
`
`exhibit. Petitioner does not oppose this requested relief.
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`Second, as outlined in this Motion, Patent Owner respectfully requests that
`
`the Board grant this Motion to Seal Exhibit 1081, which references highly
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`confidential material as designated on the exhibit. Petitioner opposes this requested
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`relief.
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`
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`III. LEGAL STANDARD
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`The Board may, for good cause, issue an order to protect a party or person
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`from disclosing confidential information, including, but not limited to, “[r]equiring
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`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).
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`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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`2
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`IPR2022-00135 of Patent No. 10,257,319
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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
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`record.” Corning Optical Commc’ns RF, LLC v. PPC Broadband, Inc., Case
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`IPR2014-00736, Paper 38, at 2-3 (PTAB Apr. 14, 2015).
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`
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`IV. SEALING OF EXHIBITS 2051 AND 1081
`
`A. EXHIBIT 2051 (EMAIL REGARDING THE SOURCE CODE
`APPENDIX TO THE EXPERT DECLARATION)
`
`Confidentiality: Exhibit 2051 is an email making two corrections to
`
`particular source code citations and explanations in Exhibit 2020. These
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`corrections were identified by Dr. Williams while preparing for his deposition and
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`promptly communicated to Petitioner’s counsel on November 2, 2022. Patent
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`Owner provided redacted and public versions of Exhibit 2051 to Petitioner’s
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`counsel on November 3, 2022.
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`As discussed in the previous Motion (Paper 18), Exhibit 2020 is an appendix
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`to the expert declaration aligning claims of the challenged patent with particular
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`source code citations and explanations. See, e.g., Paper 18 at 4-5. Patent Owner’s
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`3
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`IPR2022-00135 of Patent No. 10,257,319
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`source code has not been publicly disclosed and Patent Owner has taken steps to
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`guard against its disclosure in, for 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. Code200, UAB, et al., No. 2:19-cv-396 (E.D.
`
`Tex.)(“Code200 Litigation”), Bright Data Ltd. v. Tefincom SA, No. 2:19-cv-414
`
`(E.D. Tex.)(“Tefincom Litigation”).
`
`Like Exhibit 2020, Exhibit 2051 is designated as “HIGHLY
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`CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” and further
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`designated as “SOURCE CODE” subject to the restrictions on printing, transport,
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`and transmission in the Joint Protective Order (EX. 2046). Petitioner does not
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`oppose the redactions or designation to Exhibit 2051.
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`Consequences of disclosure: Patent Owner would be significantly harmed by
`
`disclosure of Exhibit 2051 insofar as its competitors would be able to access
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`sensitive technical details regarding Patent Owner’s source code.
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`Importance: Exhibit 2051 is referenced in the deposition transcript (EX.
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`10811 at 101:7; see also id. at 100:10-101:6) and Exhibit 2020 is referenced in the
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`1 Patent Owner references the internal transcript page numbers of EX. 1081 herein.
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`Patent Owner additionally notes that there is a clerical transcription error in EX.
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`1081 at 101:7 referencing EX. 2054 instead of EX. 2051.
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`4
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`IPR2022-00135 of Patent No. 10,257,319
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`expert declaration (EX. 2044) and the Patent Owner Response (Paper 16). Patent
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`Owner relies on Exhibit 2020 as an appendix to the expert declaration, to provide
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`explanation of Patent Owner’s source code (EXS. 2021-2024) and to establish
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`nexus as it relates, in particular, to secondary considerations of non-obviousness.
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`Balance of interests: To serve the Public’s interest, Patent Owner
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`concurrently filed a redacted, public version of Exhibit 2051. The public version
`
`redacts information that refers to or incorporates highly sensitive material from
`
`Exhibits 2020-2024. The harm to Patent Owner, if Exhibit 2051 were disclosed in
`
`its entirety, and Patent Owner’s need to rely on Exhibits 2020 and 2051, favors
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`sealing Exhibit 2051.
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`Accordingly, good cause exists to seal Exhibit 2051.
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`
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`B. EXHIBIT 1081 (DEPOSITION TRANSCRIPT OF PATENT
`OWNER’S EXPERT, DR. WILLIAMS)
`
`Confidentiality: Exhibit 1081 includes highly sensitive, technical details and
`
`explanations regarding Patent Owner’s commercial services, with reference to, for
`
`example, EXS. 2018, 2020-2024, 2044, and 2051. These details and explanations
`
`have not been publicly disclosed and Patent Owner has taken steps to guard against
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`their disclosure in, for example, pending district court litigations. E.g., the Teso
`
`Litigation, the Code200 Litigation, and the Tefincom Litigation. As explained
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`5
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`IPR2022-00135 of Patent No. 10,257,319
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`below, the redactions to the deposition transcript protect highly confidential
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`operational and implementation details of Bright Data’s system.
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`EX. 1081 at 46:13-15 references highly sensitive, technical details with
`
`reference to EXS. 2021-2024 (source code files). This Q&A relates to the specific
`
`programming language that Bright Data has chosen to use in the source code files.
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`These details have not been publicly disclosed. During the meet and confer,
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`Petitioner argued that certain public source code repositories (e.g., “github”)
`
`disclose these details; however, the public repositories are for customer-side code
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`that is regularly distributed to the public in this industry. In contrast, EXS. 2021-
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`2024 consist of source code instructions used for operation of Bright Data’s system
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`and these source code files are not publicly distributed. Moreover, EX. 1081 at
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`46:16-17 obviously implicates the subject matter of the preceding Q&A at 46:13-
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`15. Without the redactions, the public would easily infer the highly sensitive,
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`technical details of Bright Data’s source code files. It seems that Petitioner has
`
`taken an overly narrow view of redactions without consideration of the
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`surrounding context.
`
`EX. 1081 at 62:5-63:14 references highly sensitive, technical details with
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`reference to at least EXS. 2018 (network diagram) and 2021-2024 (source code
`
`files). The discussion relates to technical restrictions in Bright Data’s system and
`
`the specific functionality of different components in Bright Data’s system. The
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`6
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`IPR2022-00135 of Patent No. 10,257,319
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`discussion also relates to message flow between the different components in Bright
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`Data’s system. The discussion also relates to details about source code
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`implementation. These specific details have not been publicly disclosed. Petitioner
`
`does not oppose the redaction to 63:7-8; however, it seems that Petitioner has taken
`
`an overly narrow view of redacting only a portion of a particular answer.
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`Additionally, during the meet and confer, Petitioner argued that the testimony was
`
`just speculation and not subject to protection. However, the testifying expert has
`
`knowledge of highly sensitive, technical details of Bright Data’s system and
`
`provides answers disclosing certain such details (see, e.g., 62:18-21 and 63:11-12).
`
`Patent Owner maintains these specific details have not been publicly disclosed.
`
`EX. 1081 at 77:24-78:25 references highly sensitive, technical details with
`
`reference to at least EXS. 2018 (network diagram) and 2021-2024 (source code
`
`files). The discussion relates to the specific functionality of different components
`
`in Bright Data’s system. This discussion also relates to message flow between the
`
`different components in Bright Data’s system. This discussion also relates to other
`
`services offered by Bright Data and architectural details of Bright Data’s system in
`
`the context of EX. 2018. These specific details have not been publicly disclosed.
`
`EX. 1081 at 93:5-95:18 references highly sensitive, technical details with
`
`reference to at least EX. 2018 (network diagram). The discussion relates to the
`
`specific functionality of the “SuperProxy” in Bright Data’s system and which
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`7
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`IPR2022-00135 of Patent No. 10,257,319
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`operations are performed by which component in Bright Data’s system. These
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`specific details have not been publicly disclosed.
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`EX. 1081 at 96:9-97:18 references highly sensitive, technical details with
`
`reference to at least EX. 2018 (network diagram). The discussion relates to the
`
`specific functionality of the “SuperProxy” in Bright Data’s system and which
`
`operations are performed by which component in Bright Data’s system. The
`
`discussion also relates to details about source code implementation. These specific
`
`details have not been publicly disclosed. Moreover, while 93:5-95:18 (discussed
`
`above) involved Q&A about what a particular component “does do”, the Q&A at
`
`96:9-97:18 relates to what a particular component “does not do”. Patent Owner
`
`respectfully submits that the specific details about what a component does and
`
`does not do are highly sensitive. Bright Data has taken steps to protect these
`
`specific details and that protection must be maintained.
`
`Overall, it seems that Petitioner’s opposition to the proposed redactions is
`
`based on generalized statements in the expert declaration (EX. 2044) or the
`
`appendix to the expert declaration (EX. 2020), neither of which disclose the same
`
`specific details and explanations in the deposition transcript (EX. 1081).
`
`Patent Owner respectfully submits that the specific details and explanations
`
`qualify as unpublished technical information and/or trade secret information under
`
`the Joint Protective Order. EX. 2046 at 4. Accordingly, Patent Owner designates
`
`
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`8
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`IPR2022-00135 of Patent No. 10,257,319
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`Exhibit 1081 as “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
`
`ONLY” under the Joint Protective Order (EX. 2046).2
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`Consequences of disclosure: Patent Owner would be significantly harmed by
`
`disclosure of Exhibit 1081 insofar as its competitors would be able to access highly
`
`sensitive, technical details regarding Patent Owner’s commercial services. As
`
`discussed in the previous Motion (Paper 18), Patent Owner would be significantly
`
`harmed if this highly confidential information were disclosed to the petitioner or
`
`in-house counsel to the petitioner, given the business nature of the confidential
`
`information. E.g., Paper 18 at 10. Petitioner has represented that it is a new startup
`
`(see, e.g., Paper 8 at 1) and research shows that Petitioner is focused on data
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`collection (see generally EX. 2049 (https://www.nimbleway.com/) and EX. 2050
`
`(the Privacy Policy identifies “The Data Company Technologies Ltd. d/b/a
`
`Nimble”)).
`
`Petitioner appears to have recently updated its website, advertising
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`“premium proxies” and “Rotating Proxies for Any Need” with reference to
`
`“Residential, Datacenter, ISP, or any other class of IP on a single platform.” EX.
`
`
`2 Patent Owner notes that Petitioner marked the filed exhibit as “PROVISIONALLY
`
`DESIGNATED HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
`
`ONLY”.
`
`
`
`9
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`
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`IPR2022-00135 of Patent No. 10,257,319
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`2052 at 1 and 5. Petitioner advertises that “Nimble IP helps you maximize data
`
`access when trying to reach particularly hard destinations, cut costs when
`
`launching millions of requests, or combine the best of both.” EX. 2052 at 5.
`
`Petitioner also advertises an excerpt of its own source code (which appears
`
`to be customer-side code) that specifically references a “super.proxyList” which is
`
`a suspicious name choice in view of Patent Owner’s own “SuperProxy”. EX. 2052
`
`at 6 (reproduced below); see also EX. 2029 at 5-6.
`
`
`
`Patent Owner cannot share highly confidential information about its own
`
`commercial services with an emerging competitor in the same market.
`
`Importance: Exhibit 1081 must be filed as an exhibit in accordance with 37
`
`C.F.R. § 42.53(f)(7). Additionally, Petitioner references Exhibit 1081 in its Reply
`
`(Paper 23). Moreover, Exhibit 1081 may be referenced in the Patent Owner’s
`
`forthcoming papers and/or exhibits (e.g., expert declarations).
`
`
`
`10
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`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`Balance of interests: To serve the Public’s interest, Petitioner filed a
`
`redacted, public version of Exhibit 1081. The public version redacts information
`
`that refers to or incorporates highly confidential material regarding Patent Owner’s
`
`commercial services. The harm to Patent Owner, if Exhibit 1081 were disclosed in
`
`its entirety, the requirement to file Exhibit 1081, and the parties’ reliance on
`
`Exhibit 1081, favors sealing Exhibit 1081.
`
`Accordingly, good cause exists to seal Exhibit 1081.
`
`
`
`V. CERTIFICATION
`
`As previously stated, the parties have no disputes regarding the Joint
`
`Protective Order (EX. 2046), the previous Motion (Paper 18), or the Provisional
`
`Motion (Paper 24).
`
`Patent Owner certifies that it has in good faith conferred with Petitioner
`
`regarding this Motion.
`
`The parties have no disputes regarding the sealing of Exhibit 2051. The
`
`parties have no disputes regarding the redactions in the public version of Exhibit
`
`2051. The parties have no disputes regarding the designation of Exhibit 2051.
`
`The parties are in dispute regarding the sealing of Exhibit 1081. On
`
`November 10, 2022, Patent Owner provided its first proposed redactions to Exhibit
`
`1081 and Patent Owner removed the additional “SOURCE CODE” designation.
`
`
`
`11
`
`
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`Petitioner opposed the first proposed redactions, except for 63:7-8, and Petitioner
`
`opposed the “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
`
`ONLY” designation. The parties agreed to conduct a meet and confer on
`
`November 17, 2022 to discuss Exhibit 1081 and any other provisionally sealed
`
`papers/exhibits filed on November 14, 2022 in the related IPR2022-00138 and on
`
`November 16, 2022 in this IPR.
`
`Prior to the meet and confer, Patent Owner provided its second proposed
`
`redactions to Exhibit 1081, withdrawing six sets of redactions. Patent Owner also
`
`informed Petitioner that its Reply (Paper 23) could be filed as public. The parties
`
`conducted the meet and confer on November 17, 2022 and discussed Exhibit 1081.
`
`Following the meet and confer, Patent Owner provided its third proposed
`
`redactions to Exhibit 1081, withdrawing a seventh set of redactions. Petitioner
`
`remained opposed and the parties were at an impasse. On November 18, 2022,
`
`Petitioner filed a public version of Exhibit 1081 including Patent Owner’s third
`
`proposed redactions.
`
`Patent Owner acted in good faith to balance the competing interests and
`
`reduce the redactions as much as possible. For at least the reasons discussed above
`
`with respect to Exhibit 1081, Patent Owner respectfully submits that the
`
`designation and the redactions are necessary to protect Patent Owner’s highly
`
`confidential material from market competitors.
`
`
`
`12
`
`
`
`
`
`VI. CONCLUSION
`
`IPR2022-00135 of Patent No. 10,257,319
`
`For at least the reasons discussed herein, Patent Owner respectfully requests
`
`that the Board grant this Motion to Seal Exhibit 2051 and Exhibit 1081.
`
`
`
`
`
`
`Date: November 23, 2022
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`
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`
`
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`
`
`Respectfully submitted,
`
`
`
`
`
`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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`
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`13
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`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`
`
`
`
`CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS
`
`This Motion is within the 15 page-limit, in compliance with 37 C.F.R. §§
`
`42.24(a)(1)(v).
`
`
`
`
`Date: November 23, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`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.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`14
`
`
`
`
`
`IPR2022-00135 of Patent No. 10,257,319
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that
`
`PATENT OWNER’S MOTION TO SEAL and all exhibits thereto were served on
`
`the undersigned date via email, as authorized by Petitioner, at the following email
`
`addresses:
`
`MRader-PTAB@wolfgreenfield.com
`
`AWichman-PTAB@wolfgreenfield.com
`
`GNieberg-PTAB@wolfgreenfield.com
`
`Marie.McKiernan@wolfgreenfield.com
`
`
`
`
`
`Date: November 23, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`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.
`
`15
`
`
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