From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Jason Bartlett
`Elizabeth O"Brien
`Tom Dunham; Emily Sullenberger; Vincent Ma; Ray Huang
`RE: IPR2022-00915 and -00916 - Discovery Requests
`Thursday, June 23, 2022 1:11:44 PM
`image001.png
`
`Dear Elizabeth,
`
`Major Data is not required to respond to requests for additional discovery that are not supported by
`more than a mere allegation or mere possibility that relevant information exists. A refusal to
`respond to speculative, baseless discovery cannot be a basis to compel a response. By definition,
`every discovery dispute starts with a refusal to respond. Bright Data cannot demand unreasonable
`discovery and then assert that Major Data’s refusal itself supplies, post hoc, the missing predicate
`basis for Bright Data’s original request.
`
`Nevertheless, without agreeing that Bright Data has a reasonable basis for its request, to avoid
`wasting additional time on this issue, Major Data provides the following responses to Bright Data’s
`questions. Major Data reserves all objections.
`
`Interrogatory No. 1: When and how did Petitioner become aware of each of Patent Nos. 10,257,319
`and 10,484,510?
`
`Petitioner became aware of the patents through Bright Data press releases such as the one linked
`here.
`
`Interrogatory No. 2: When and how did Petitioner become aware of each of IPR2021-01492 and
`IPR2021-01493?
`
`Petitioner became aware of these IPRs when it was investigating the possible expansion of its
`business to the U.S. market.
`
`Interrogatory No. 3: Does Gerbert Doronin Koltan have a personal and/or professional relationship
`with Thomas Okmanas?
`
`No. Mr. Doronin Koltan has never worked for Mr. Tomas Okmanas. Nor, to the best of his
`knowledge, has he worked for or in any business that Mr. Okmanas owns in which he has invested.
`The reverse is also true. Mr. Okmanas has not worked for Mr. Tomas Okmanas or for or in any
`business that Mr. Tomas Okmanas has owned or has invested in. Messrs. Tomas Okmanas and
`Koltan have both participated in community efforts to fight Coronavirus. As members of the
`Lithuanian business community, Messrs. Tomas Okmanas and Koltan may, from time to time, have
`been present at the same events. They have never discussed or corresponded about Bright Data, its
`patents, these IPRs, or any other Petitioner.
`
`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?
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 1 of 9
`
`

`

`
`No.
`
`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.
`
`Major Data has not discussed the preparation or filing of the IPRs with any non-party (apart from
`privileged communications with its own attorneys).
`
`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.
`
`Mr. Doronin Koltan owns all of the shares of Major Data UAB. It has no parent, subsidiaries, or
`affiliates.
`
`Regards,
`
`Jason
`
`From: Elizabeth O'Brien <elizabetho@cherianllp.com>
`Sent: Friday, June 10, 2022 9:09 PM
`To: Jason Bartlett <jbartlett@mkwllp.com>; Vincent Ma <VMa@mkwllp.com>; Ray Huang
`<rhuang@mkwllp.com>
`Cc: Tom Dunham <tomd@cherianllp.com>
`Subject: [EXT] RE: IPR2022-00915 and -00916 - Discovery Requests
`
`Hi Mr. Bartlett,
`
`Following up regarding Major Data’s responses to Interrogatory Nos. 1-6.
`
`Thank you,
`Elizabeth
`
`Elizabeth O’Brien
`Associate
`
`Cherian LLP
`1901 L Street NW, Suite 700
`Washington, DC 20036
`O: (202) 873-1726
`M: (703) 930-0505
`
`
`From: Elizabeth O'Brien
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 2 of 9
`
`

`

`Sent: Tuesday, May 31, 2022 1:37 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 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.
`
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 3 of 9
`
`

`

`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.
`
`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
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 4 of 9
`
`

`

`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 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,
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 5 of 9
`
`

`

`
`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,
`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,
`
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 6 of 9
`
`

`

`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
`
`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,
`
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 7 of 9
`
`

`

`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
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 8 of 9
`
`

`

`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.
`
`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
`
`
`
`Major Data Ex. 1025
`Major Data UAB v. Bright Data Ltd.
`IPR2022-00915
`Page 9 of 9
`
`