`Sent:
`To:
`Cc:
`Subject:
`
`Elizabeth O'Brien <elizabetho@ruyakcherian.com>
`Tuesday, May 31, 2022 10:37 AM
`Jason Bartlett; Vincent Ma; Ray Huang
`Tom Dunham
`[EXT] RE: IPR2022-00915 and -00916 - Discovery Requests
`
`Follow Up Flag:
`Flag Status:
`
`Follow up
`Completed
`
`Hi Mr. Bartlett, thanks for getting back to us.
`
`We remain concerned about Major Data’s relationships. We feel that your email was heavily focused on Garmin factor 1,
`ignoring the other four Garmin factors and failing to provide any actual responses. We believe that in the interests of
`justice, and given the amount of litigation surrounding the challenged patents, the discovery requests are appropriate
`and narrowly targeted to address issues related to denial of institution and appropriateness of joinder. If Major Data
`disagrees with the scope of the discovery requests, then we would appreciate if Major Data would propose alternative
`discovery requests. See, e.g., RPX Corporation v. Applications In Internet Time LLC, IPR2015‐01750, Paper 7 at 2 (PTAB
`Oct. 1, 2015).
`
`Also, we note that the Garmin factors are relevant for motion briefing in front of the Board, but that the “the parties
`may agree to such discovery among themselves.” TPG at 24. Nonetheless, we briefly address the Garmin factors below:
`
`Regarding Garmin factor 1, there are many factors contributing to our suspicion. Taken together, we felt it was
`necessary to reach out to Major Data and try to resolve our concerns, without motion briefing or involving the Board.
`Major Data’s failure to respond to the discovery requests further contributes to our suspicion and suggests that in fact
`something ‘useful’ will be uncovered.
`
`Regarding Garmin factor 2, the discovery requests are not asking for the other party’s litigation positions or the
`underlying basis for those positions.
`
`Regarding Garmin factor 3, we are unable to generate the requested information by any other means. We cannot find
`any public information on Major Data, which further contributes to our suspicion. For example, we are unaware of any
`services presently offered by Major Data, but we do know that Major Data has not been sued for infringement. We did
`find information on netzet, and upon investigating netzet, found employees who had previously worked with Tesonet.
`For example, a junior online business developer at netzet and an SEO lead at netzet. We do not believe this employee‐
`overlap is determinative, but it does further contribute to our suspicion.
`
`Regarding Garmin factor 4, we believe the discovery requests are easily understandable. If you disagree, then please let
`us know so that we may provide clarification.
`
`Regarding Garmin factor 5, we believe the discovery requests are not overly burdensome to answer, given that they are
`narrowly targeted. For example, the answer to Interrogatory No. 5 may be that there are no such communications, but if
`the answer is proving to be burdensome then please let us know.
`
`Regarding some of the statements in your email:
`
`You stated that Netzet is “a separate company co‐founded by Mr. Koltan.” We believe this statement relates to
`Interrogatory No. 6.
`
`1
`
`Major Data Ex. 1024
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 1 of 6
`
`
`
`You stated that companies contributing to efforts to fight coronavirus “does not suggest a close connection between
`them.” We disagree that the public articles suggest there is not a close connection between Mr. Koltan and Mr.
`Okmanas. Please see one such article at https://www.delfi.lt/verslo‐poziuris/naujienos/technologiju‐imones‐salies‐
`medikus‐aprupino‐apsaugos‐priemonemis‐uz‐beveik‐puse‐milijono‐euru.d?id=84133607 (section reproduced below
`with annotations). Not only does this article identify Mr. Koltan and Mr. Okmanas as the “initiators of the idea,” it also
`states that the initiative stemmed from “several calls to business partners and friends.”
`
`You stated that “it would be difficult to find technology entrepreneurs in Lithuania who have not had at least some
`professional interaction with Mr. Okmanas.” We believe this statement implies that Mr. Koltan has had some
`professional interaction with Mr. Okmanas. As requested in Interrogatory No. 3, please expressly state whether or not
`there is a pre‐existing relationship between Mr. Koltan and Mr. Okmanas. If yes, please expressly state whether that
`relationship is personal or professional. We believe this statement also relates to Interrogatory No. 4.
`
`You stated that “the relevant question is whether Major Data is so much under Teso LT’s influence or control that it is
`joining the pending IPR at Teso, LT’s behest.” We note that you never actually answered “the relevant question.” Our
`position is that at least Interrogatory Nos. 1‐2 and 5 were designed to directly address “the relevant question.” We also
`note that there were five companies, in addition to Teso LT, listed in Interrogatory No. 4. Our concern is not limited to
`Teso LT. Overall, Major Data never affirmatively stated that it is not representing a non‐party’s interest.
`
`Please let us know if Major Data will now provide responses to Interrogatory Nos. 1‐6. Thank you.
`
`Elizabeth O’Brien
`Associate
`
`Cherian LLP
`1901 L Street NW, Suite 700
`Washington, DC 20036
`O: (202) 873-1726
`M: (703) 930-0505
`
`From: Jason Bartlett <jbartlett@mkwllp.com>
`Sent: Monday, May 23, 2022 6:55 PM
`To: Elizabeth O'Brien <elizabetho@ruyakcherian.com>; Vincent Ma <VMa@mkwllp.com>; Ray Huang
`<rhuang@mkwllp.com>
`Cc: Tom Dunham <tomd@ruyakcherian.com>
`Subject: RE: IPR2022‐00915 and ‐00916 ‐ Discovery Requests
`
`Dear Ms. O’Brien,
`
`Thanks for your patience as Major Data has been considering Patent Owner’s request for discovery. There does not
`appear to be a reasonable basis for Additional Discovery relating to Real Party in Interest under the Garmin
`Major Data Ex. 1024
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 2 of 6
`
`2
`
`
`
`Factors. Patent Owner has has not presented anything beyond mere “allegation” or “possibility” that relevant
`information might be found.
`
`Patent Owner has represented that there is publicly available evidence that Mr. Koltan of Major Data and Mr. Okmanas
`of the Tesonet group have a “personal and/or professional relationship.” Patent Owner asserts that there are multiple
`news articles suggesting that Messrs. Koltan and Okmanas initiated an idea to “distribute local aid to fight
`coronavirus.” We have not seen the articles you are referencing. First, Mr. Okmanas is a well‐known founder of a
`Unicorn‐status technology company in Lithuania. We understand that it would be difficult to find technology
`entrepreneurs in Lithuania who have not had at least some professional interaction with Mr. Okmanas. Furthermore,
`many companies in countries around the world contributed to efforts to fight coronavirus. That does not suggest a close
`connection between them.
`
`Second, Patent Owner claims that some unidentified employees have moved between Teso LT, one of the four
`petitioners in the IPRs filed against Luminati in 2020, and Netzet, a separate company co‐founded by Mr. Koltan. This
`also does not appear to rise above the level of a mere possibility or suspicion of a connection. Since Patent Owner does
`not identify the alleged employees, it is impossible to determine whether their duties are in any way relevant to the
`technology at issue here. Even if they were, we understand that Mr. Okmanas employs thousands of people in
`Lithuania. Therefore, there is no reason to draw any conclusions from the mere movement of tech workers between
`one company and another. Furthermore, Patent Owner does not allege that any Teso LT employee works for Major
`Data, the Petitioner in this proceeding. The alleged connection is even more tenuous: that Mr. Koltan allegedly hired at
`Netzet – a company not involved in this IPR – a former Okmanas employee (or possibly the reverse).
`
`Third, the ultimate relevant question is not whether there is any connection of any kind. The relevant question is
`whether Major Data is so much under Teso LT’s influence or control that it is joining the pending IPR at Teso LT’s
`behest. Tenuous connections such as these, even if true, do not begin to rise to such a level of control.
`
`Regards,
`
`Jason
`
`450 Sansome St., Suite 1005, San Francisco CA 94111
`direct dial: 415.738.6334
`jbartlett@mkwllp.com| www.mkwllp.com
`
`From: Elizabeth O'Brien <elizabetho@ruyakcherian.com>
`Sent: Friday, May 20, 2022 8:42 AM
`To: Jason Bartlett <jbartlett@mkwllp.com>; Vincent Ma <VMa@mkwllp.com>; Ray Huang <rhuang@mkwllp.com>
`Cc: Tom Dunham <tomd@ruyakcherian.com>
`Subject: [EXT] RE: IPR2022‐00915 and ‐00916 ‐ Discovery Requests
`
`Hi Jason,
`
`Just following up on when we might expect Major Data’s responses to the discovery requests.
`
`Thank you,
`
`3
`
`Major Data Ex. 1024
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 3 of 6
`
`
`
`Elizabeth
`
`Elizabeth O’Brien
`Associate
`
`RuyakCherian LLP
`1901 L Street NW, Suite 700
`Washington, DC 20036
`O: (202) 873-1726
`M: (703) 930-0505
`
`From: Elizabeth O'Brien
`Sent: Monday, May 16, 2022 8:50 PM
`To: Jason Bartlett <jbartlett@mkwllp.com>; Vincent Ma <VMa@mkwllp.com>; Ray Huang <rhuang@mkwllp.com>
`Cc: Tom Dunham <tomd@ruyakcherian.com>
`Subject: RE: IPR2022‐00915 and ‐00916 ‐ Discovery Requests
`
`Hi Jason,
`
`Thank you for taking this request up with Major Data.
`
`As you are aware, based on Petitioner’s Mandatory Notices, there are a number of district court proceedings involving
`Bright Data and one or more of the Tesonet companies referenced in Interrogatory No. 4. Mr. Okmanas is a
`founder/owner of the Tesonet companies. Therefore, the discovery requests are targeted to assess whether there is any
`preexisting relationship between Mr. Koltan/Major Data and Mr. Okmanas/Tesonet, possibly personal and/or
`professional.
`
`For some additional context, we understand that Mr. Koltan is also a co‐founder of another company, netzet, UAB. We
`have found some employees of netzet, UAB who have also worked with Teso LT, UAB (f/k/a UAB Tesonet). We also
`found multiple news articles about Mr. Koltan and Mr. Okmanas being the initiators of an idea to distribute local aid to
`fight coronavirus. One such article included the hashtag “WeAreTesonet”. We thought this link might suggest some sort
`of personal and/or professional relationship between Mr. Koltan and Mr. Okmanas.
`
`We appreciate you taking the time to resolve our concerns as we do not wish to burden the Board with this issue.
`
`Elizabeth
`
`Elizabeth O’Brien
`Associate
`
`RuyakCherian LLP
`1901 L Street NW, Suite 700
`Washington, DC 20036
`O: (202) 873-1726
`M: (703) 930-0505
`
`From: Jason Bartlett <jbartlett@mkwllp.com>
`Sent: Monday, May 16, 2022 7:12 PM
`To: Elizabeth O'Brien <elizabetho@ruyakcherian.com>; Vincent Ma <VMa@mkwllp.com>; Ray Huang
`<rhuang@mkwllp.com>
`Cc: Tom Dunham <tomd@ruyakcherian.com>
`Subject: RE: IPR2022‐00915 and ‐00916 ‐ Discovery Requests
`4
`
`Major Data Ex. 1024
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 4 of 6
`
`
`
`Hello Elizabeth.
`
`Good to meet you. We’ll take this request up with Major Data. I’m not familiar with Thomas Okmanas or the Tesonet
`family. Could you please point me to the public information you are referencing so that I can explain the basis for the
`proposed requests?
`
`Regards,
`
`Jason
`From: Elizabeth O'Brien <elizabetho@ruyakcherian.com>
`Sent: Monday, May 16, 2022 4:04 PM
`To: Jason Bartlett <jbartlett@mkwllp.com>; Vincent Ma <VMa@mkwllp.com>; Ray Huang <rhuang@mkwllp.com>
`Cc: Tom Dunham <tomd@ruyakcherian.com>
`Subject: [EXT] IPR2022‐00915 and ‐00916 ‐ Discovery Requests
`
`Dear Counsel,
`
`We write to express our concern in regard to IPR2022‐00915 and IPR2022‐00916. The petitions identified Major Data
`UAB as the only real party‐in‐interest and the POAs identified Gerbert Doronin Koltan as the Director of Major Data UAB.
`However, our own searching has revealed public information linking Gerbert Doronin Koltan with Thomas Okmanas
`and/or the Tesonet family of companies.
`
`We believe this issue could affect denial of institution due to the time‐bar under 35 U.S.C. § 315(b) and also whether
`joinder to IPR2021‐01492 or IPR2021‐01493 is appropriate.
`
`In order to address this issue, we prepared six discovery requests that are narrowly tailored and reasonable, consistent
`with the Board’s guidance. See, e.g., PTAB Consolidated Trial Practice Guide (November 2019) at 28.
`
`Please let us know as soon as possible if Petitioner agrees to provide discovery responses. If Petitioner agrees, please
`provide such responses before Monday, May 23, 2022.
`
`We hope the Parties can reach agreement on this discovery issue. If no agreement is reached, we intend to raise this
`issue on the conference call with the Board regarding joinder.
`
`‐‐
`
`Interrogatory No. 1: When and how did Petitioner become aware of each of Patent Nos. 10,257,319 and 10,484,510?
`
`Interrogatory No. 2: When and how did Petitioner become aware of each of IPR2021‐01492 and IPR2021‐01493?
`
`Interrogatory No. 3: Does Gerbert Doronin Koltan have a personal and/or professional relationship with Thomas
`Okmanas?
`
`Interrogatory No. 4: Does either Petitioner or Gerbert Doronin Koltan have any relationship with the Tesonet family of
`companies, including any of Code200, UAB; Teso LT, UAB (f/k/a UAB Tesonet); Metacluster LT, UAB; Oxysales, UAB;
`Coretech LT, UAB; or Tefincom SA d/b/a NordVPN?
`
`Interrogatory No. 5: Identify any communication with any non‐party discussing Petitioner’s preparation or filing of
`IPR2022‐00915 and/or IPR2022‐00916. For any tangible communications, please produce the document. For any non‐
`tangible communications, please describe the topic, the individuals involved, and the approximate date of the
`communication.
`
`5
`
`Major Data Ex. 1024
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 5 of 6
`
`
`
`Interrogatory No. 6: Identify the corporate structure of Major Data UAB, including any parent, subsidiary, or sister (e.g.,
`under common ownership with Major Data UAB) companies.
`
`‐‐
`
`Thank you,
`Elizabeth
`
`Elizabeth O’Brien
`Associate
`
`RuyakCherian LLP
`1901 L Street NW, Suite 700
`Washington, DC 20036
`O: (202) 873-1726
`M: (703) 930-0505
`
`6
`
`Major Data Ex. 1024
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 6 of 6
`
`