`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`BRIGHT DATA, LTD.,
`
`Plaintiff,
`
`vs.
`
`TESO, LT UAB, et al
`
`Defendants.
`
`CAUSE NO. 2:19-CV-395-JRG
`
`
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`
`
`NOVEMBER 3, 2021
`MARSHALL, TEXAS
`8:30 A.M.
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`TRIAL ON THE MERITS
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`
`BEFORE THE HONORABLE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`and a jury
`
`SHAWN M. MCROBERTS, RMR, CRR
`100 E. HOUSTON STREET
`MARSHALL, TEXAS
`75670
`(903) 237-7464
`shawn_mcroberts@txed.uscourts.gov
`
`Shawn M. McRoberts, RMR, CRR_Major Data, UAB v. Bright Data Ltd.
`Major Data, UAB v. Bright Data Ltd.
`IPR2022-00915, EX. 2023
`IPR2022-00915, EX. 2023
`Federal Official Court Reporter
`1 of 6
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`303
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`Q.
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`And you've highlighted collections of users and a process
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`on her computer,
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`so what
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`type of computer are we talking about
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`here?
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`A.
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`It could be any computer, but certainly could be
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`desktops,
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`laptops, and whatnot.
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`Q.
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`A.
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`Q.
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`This was all about anonymity?
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`Correct.
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`So is this one example of what you stated earlier that
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`you did not believe Mr. Derry Shribman's belief was correct
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`that in 2009 there were no systems that anonymously routed
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`through user computers web requests?
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`A,
`
`Q.
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`Correct. This was a well-known system published in 1998.
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`I see a lot of lines on this figure.
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`Is there some text
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`those proxies--and finally the end server.
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`
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`you can -- and, by the way,
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`of Crowds?
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`this figure is on what page, sir,
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`A.
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`QO.
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`The figure is on page 73 and 74 of the Crowds reference.
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`Thank you.
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` Is there some text you can take us through to discuss
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`these paths that are shown on this figure?
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`A.
`
`Yes.
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`So this figure is showing web servers in the
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`Squares, and then these jondos,
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`these client devices and other
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`computers, are shown in the circles. And the paper -- this is
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`on page 73 And 74.
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`Crowds says that each request travels from
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`the user's browser through some number of jondos--these are
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`Shawn M. McRoberts, RMR, CRR_Major Data, UAB v. Bright Data Ltd.
`Major Data, UAB v. Bright Data Ltd.
`IPR2022-00915, EX. 2023
`IPR2022-00915, EX. 2023
`Federal Official Court Reporter
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`2 of 6
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`And it gives an example of a number of paths that it
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`could take, and for simplicity I just wanted to highlight one
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`path and we're going to use that as an example, although many
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`paths are possible through this network of participating
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`proxies.
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`Q.
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`But the path that you've highlighted,
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`5 to -- jondo 5 to
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`jondo 4 to jondo 6 to the web server,
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`that is a path that
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`Crowds specifically discloses?
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`A.
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`Correct. That is shown here. This is page 73 and 74,
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`jondo 5 to jondo 4
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`to jondo 6, and then finally to web server
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`5.
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`Q.
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`Now, can you, with reference to the figure, explain how
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`this specific path works?
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`A.
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`Correct.
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`So in this example there is a browser running
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`5 to jondo 6 to jondo 4, and finally
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`on jondo 5, and that's the user who initially makes the web
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`request;
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`types in their browser, Hey,
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`I want to go to
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`
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`espn.com.
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`The request then goes through this tunnel of
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`proxies,
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`5 to 4
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`to 6, and finally to the web server for |
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`shown here in 5.
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`Q.
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`A.
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`And what happens once it gets to the web server?
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`So the web server -- and if you look at the last line of
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`this text, it says ‘server replies traverse the same path as
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`the regquests', only in reverse. There was a chain going in
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`the forward direction, and now the content just goes back in
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`the exact same direction,
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`Shawn M. McRoberts, RMR, CRR_Major Data, UAB v. Bright Data Ltd.
`Major Data, UAB v. Bright Data Ltd.
`IPR2022-00915, EX. 2023
`IPR2022-00915, EX. 2023
`Federal Official Court Reporter
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`3 of 6
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`Jondo 6 is acting as the role of both of a server
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`Q.
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`A.
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`And so what's your conclusion based on that?
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`Is it both?
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`Yes.
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`305
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`to jondo 5 where it originated.
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`Q.
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`So, Doctor Freedman, what I'd like to do now is have you
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`apply your tutorial that you gave the jury earlier on how to
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`determine each of these devices' status as functioning in the
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`role of a client, a server, or both.
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`Can you please tell us
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`what is going on on slide 58?
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`A.
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`Sure.
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`In this example we're going to start with jondo 5,
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`and that jondo, if you remember, makes a request, sends a
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`request to another jondo.
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`So from here jondo 5 is acting in
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`the role of a client.
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`So if you remember my coloring,
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`I am
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`going to color it red.
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`Q.
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`A.
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`What about
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`jondo 4?
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`We then get to jondo 4. And jondo 4 receives a request
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`to jondo 5, and in the reverse direction later send a
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`response, and jondo -- so from that perspective is operating
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`in the role of a server. And then jondo 4 will subsequently
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`send it along the chain,
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`so sends a request to jondo 6. And
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`so there jondo 4 is acting as both a server with respect to 5
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`and is acting in the role of a client with respect to 6.
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`Q.
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`A.
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`What about
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`jondo 6, sir?
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`So jondo 6 is also acting as a proxy.
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`It acts as a
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`server with respect to 4 and acts as a client with respect to
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`the web server.
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`Shawn M. McRoberts, RMR, CRR_Major Data, UAB v. Bright Data Ltd.
`Major Data, UAB v. Bright Data Ltd.
`IPR2022-00915, EX. 2023
`Federal Official Court Reporter
`IPR2022-00915, EX. 20234of6
`4 of 6
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`and in the role of a client.
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`Q.
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`A.
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`And, finally, what about web server 5?
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`So web server 5 similarly receives a request from
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`jondo 6,
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`so it is acting aS a server, services that request,
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`and sends a response.
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`Q.
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`Now, Doctor Freedman, can this arrangement that we've
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`shown here map to the second server, first client device,
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`first web server, architecture that we've been discussing?
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`A.
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`So it can,
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`indeed. And if you remember my tutorial
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`before,
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`I described this general architecture with two proxies
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`in between a client and server. And if you look at Crowds,
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`this explicit example is showing the same architecture--client
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`5, web server,
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`5 here, and jondos 4 and 6 in between them that
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`Jondo 6 is a communication device
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`acts as proxies.
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`And if we remember our language,
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`this maps as jondo 4
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`acting aS a second server, it's operating in the role of a
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`server;
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`jondo 6 as a first client device, it's operating in
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`the role of a client; and web server 5 as the first server.
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`Q.
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`So let's go through those one by one with reference to
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`the Court's claim construction.
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`If you could, please go ahead and start with what you are
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`mapping to the first client device.
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`A.
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`Remember the Court's construction of client device.
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`It
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`was a communication device operating in the role of a client.
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`We see the picture here.
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`Shawn M. McRoberts, RMR, CRR_Major Data, UAB v. Bright Data Ltd.
`Major Data, UAB v. Bright Data Ltd.
`IPR2022-00915, EX. 2023
`IPR2022-00915, EX. 2023
`Federal Official Court Reporter
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`5 of 6
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`that operates in the role of a client by requesting services
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`from the web server.
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`Q.
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`And, by the way, Doctor Freedman, are we still looking in
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`this discussion at the same pages of DX 917 that we've been
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`discussing?
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`And what are you mapping to the first server of the '319
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`A,
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`Q.
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`Correct. This is pages 73 and 74.
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`Okay. Let's please go ahead and go onto the second
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`server. What have you mapped that to?
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`A.
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`So the second server is a server that is not the client
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`device. And if you remember,
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`a server is a device that
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`operates in the role of a server.
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`So jondo 4 is a server
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`because, A, it's a device that acts in the role of a server by
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`receiving requests from jondo 5 and servicing those requests,
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`and certainly jondo 4 is not
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`jondo 6; and,
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`therefore,
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`jondo 4
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`here is acting as a second server as required by the claims.
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`Q.
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`What about the first server? And we're going to -- if we
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`go to the next slide,
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`there's actually two slightly different
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`versions of this in the '319 and the '510 Patent.
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`What is the relevant claim element for the '319 Patent,
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`Doctor Freedman?
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`A.
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`The '319 says,
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`'a first server that comprises a web
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`server', and the '510 Patent just says 'a web server'. And
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`all of these examples are on page 73 and 74 from the Crowds
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`reference.
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`Q.
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`Shawn M. McRoberts, RMR, CRR_Major Data, UAB v. Bright Data Ltd.
`Major Data, UAB v. Bright Data Ltd.
`IPR2022-00915, EX. 2023
`IPR2022-00915, EX. 2023
`Federal Official Court Reporter
`6 of 6
`6 of 6
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