`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`§ §
`
`§
`§ Case No. 2:19-CV-00395-JRG
`§
`
`§ §
`
`§
`
`LUMINATI NETWORKS LTD.
`
`Plaintiff,
`
`v.
`TESO LT, UAB; OXYSALES, UAB;
`METACLUSTERLT, UAB;
`
`Defendants.
`
`LUMINATI’S REPLY CLAIM CONSTRUCTION BRIEF
`(LOCAL PATENT RULE4-5(c))
`
`Code200, UAB,et al. v. Bright Data Ltd.
`IPR2022-01109, EX. 2020
`1 of 15
`The Data Company TechnologiesInc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2009
`1 of 15
`
`
`
`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 2 of 15 PagelD #: 6491
`
`TABLE OF CONTENTS
`
`I.
`
`Il.
`
`INTRODUCTION(WW eeceeeeeseeeeseesnaeesaceeseeeaessaeeeaeeeaeeeaeeesneeeaeeeeaeeeaeeeeeeeaeeeeseneeens ]
`
`DISPUTED TERMS FOR CLAIM CONSTRUCTION.........cccccecccseeseeeeeeneeeeeeneeenees 1
`
`A. Client Device (First Familly) .............0..cccccccecceeeseeseceeseeessceeeeeeseeeeaeeeeeeeeeeeaeeeeeeeseeeeeeenees 1
`
`B. First Server (First Familly) 200.000.000.000. ccccceeccecsseeeseeeseeeeeeeeeceseeeseeeeeeeeaeeeseeeseeseeeenees 3
`
`C. Second Server (First Family) .....0....0...00.ccccccccecsseesseesseceseeeeseeseeeeeeeeeeeeeeeseeeeseeseeeeeees 3
`
`D. Client Device (Second Family)..................cccccessssesssseeeesseeeeneeeeeneeeesaeeeeeaeeeeeeeeeeneeeeeeeeees 3
`
`E. First Server (Second Family) ..................c::ccsscesssseeesseeeeseeeeeneeeeeeeeeeaeeeeeeeeeeneeeeseereeaeeees 6
`
`II.
`
`THE CLAIM TERMSARE NOT INDEFINITE ..00000.00.c cece ceeeseeeeeeneeeeeeneeeeeeeeeees 6
`
`A. Not Indefinite: “The First IP Address” / “The First Client IP Address”................. 6
`
`B. Not Indefinite: “Determining, By The First Client Device, That The Received First
`Content, Is Valid” / “The Determining Is Based On The Received HTTP Header
`According To, Or Based On IETF RFC 2616” 0000.0... ccccccccseeesteeeeneeeeeneeeees 7
`
`C. Not Indefinite: “Periodically Communicating”.....................cccscesseesseeeesseeeeeeeeeeeeeees 8
`
`D. Not Indefinite: “In Response To The Receiving Of The First Content Identifier” . 8
`
`=
`
`The Sending Of The Hypertext Transfer Protocol (HTTP) Request/ Receiving
`And Storing Of The First Content / The Sending Of The Part Of, Or The Whole
`Of, The Stored First Content...................00..ccccccccssssssccccccccesssssncccecceceeescseeeeceeeeeeeseeeees 9
`
`F. The Steps Are Sequentially Executed 200.000.0000... ecceceeeeseeeeeeeeeeeeeeeeeeeeneeeeeees 10
`
`TV.
`
`CONCLUSION 0000. cccccceesssssssesessssssessceaseneeaeeaeeaeeaeesesaeeseseeaeeaseaeeaseaseaseaseaseaseaseasens 10
`
`.
`1
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`Code200, UAB,etal. v. Bright Data Ltd.
`IPR2022-01109, EX. 2020
`2 of 15
`The Data Company TechnologiesInc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2009
`2 of 15
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`
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`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 3 of 15 PagelD #: 6492
`
`TABLE OF AUTHORITIES
`
`Cases
`
`BASF Corp. v. Johnson Matthey Inc., 875 F.3d 1360 (Fed. Cir. 2017).......:cscsccsesesseseeeeeeeees 7, 8,9
`
`Microsoft Corp. v. Multi-Tech Sys., 357 F.3d 1340 (Fed. Cir. 2004)... cececessceseeseseneeeeeeeeeneens 7
`
`Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014) eee cccececeeeneeteceeeeeeeteeeneeeeee 6
`
`Optimum Imaging Techs. LLC v. Canon Inc., No. 2:19-CV=-00246-JRG, 2020 U.S. Dist. LEXIS
`102126 (E.D. Tex. June 11, 2020) oo. ccc eeeceeeseeseeseesscsecsscseeseeseessesseessessesessseasenseasens 6, 8,9
`
`Traxxas LP y. Hobby Prods. Int’l, No. 2:14-CV-945-JRG-RSP, 2015 U.S. Dist. LEXIS 114148
`(E.D. Tex. Aug. 27, 2015)... cceccescesccssesccessesecesecseeesecsscessseseesesesseessessecasesseesssesesssseasenasensenase 6, 7
`
`..
`il
`
`Code200, UAB,et al. v. Bright Data Ltd.
`IPR2022-01109, EX. 2020
`3 of 15
`The Data Company TechnologiesInc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2009
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`
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`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 4 of 15 PagelD #: 6493
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`I.
`
`INTRODUCTION
`
`Defendants repeatedly ignore the clear language of the claims, specification, and patent
`
`prosecution history in seeking a nominal “plain meaning” construction. Defendants’ version of
`
`“plain meaning”is actually an overbroad interpretation that improperly treats the distinct elements
`
`of the claimed server — client device — web serverarchitecture as interchangeable, effectively
`
`reducing the claims to a computer — computer — computer architecture. At the same time,
`
`Defendants repeatedly assert indefiniteness for claim terms by disregarding the clear context of
`
`the claims and improperly confusing claim breadth for indefiniteness.
`
`Il.
`
`DISPUTED TERMS FOR CLAIM CONSTRUCTION
`
`A.
`
`Client Device (First Family)
`
`Regarding “client device,” the patent specification expressly states, “In the network 50,
`
`files are stored on computers of consumers, referred to herein as client devices 60.” ECF 126-2 at
`
`2:44-46 (emphasis added). Defendants’ ignore the clear language distinguishing client devices
`
`from other claim elements in an improper attempt to misconstruethis term to includeservers. First,
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`Defendants misinterpret the ability of a client device to function as a “client, peer, or agent” to
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`imply that a client device could also be a server. It cannot. A client device can perform different
`
`roles of client, peer, or agent to request content and respond to a request for content depending
`
`upon the needs of the network — this is how the proxy client device of the claims practices the
`
`invention — but the patent never allowsfor a server to be a “client device.”
`
`Critically,
`
`the specification does not equate client devices with servers. Regardless,
`
`Defendants improperly attempt to read the requirements that a client device have a processor,
`
`memory and storage device to ignore all other requirements of a client device. Next Defendants
`
`argue that anything with a processor, memory and storage device, such as a commercialserver,is
`
`a client device, thereby rewriting the claims to require only a computer — computer — computer
`
`1
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`architecture. This is wrong and inconsistent with the express language of the specification and the
`
`claims themselves, as well as the prosecution history, which distinguish the client device from
`
`servers in the disclosed server — client device — web serverarchitecture. See e.g. ECF 126-2 at
`
`claim 1; see also Ex. G, LUM-00149134 (“It is respectfully submitted that the conventional
`
`arrangement involves fetching data by a client device from a server device, while the claims
`
`disclose a server receiving information from another server via a client device, which is unique
`
`and solves a specific problem such as anonymity when fetching information.”)
`
`Second, Defendants mischaracterize Luminati’s opposition to Defendants’ motion to
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`dismiss, arguing incorrectly that Luminati had admitted that a client device can be a server. This
`
`is false. Luminati took the opposite position throughoutits briefing that the terms “client device”
`
`and “server” require construction because they are not interchangeable. ECF 24 at 4; ECF 28 at
`
`24; ECF 47 at 4-8. Ignoring Luminati’s briefing, Defendant took a modified exemplary figure out
`
`of context. Jd. For example, as detailed in the Luminati’s Reply brief:
`
`In the Opposition, Figure 3 of the *319 and ‘510 Patents and 12a of the ’614 Patent
`are used to illustrate the lines of communication showing the steps performed by
`the proxy client device. Defendants attempt to use these specific figures to
`improperly limit the express language by mischaracterizing Luminati as “view[ing]
`a ‘server’ and ‘client to be broad enough to encompassone another.” Reply at 4, 5.
`This is not true as Luminati provided extensive support from the specifications of
`the Asserted Patents distinguishing betweenclient devices and servers. See e.g.
`
`ECF 47 at 8. The claims clearly distinguish between a client device and a server, and Luminati
`
`never argued or admitted otherwise.
`
`Third, extrinsic evidence can’t change the express languageofthe specification and patent
`
`claimsthat distinguish servers from client devices. Furthermore, there is no basis to read “device”
`
`out of “client device.” That a client device may function as a client doesnot stop it from also being
`
`a consumerdevice, distinct and different from servers. Fourth, the claim construction of “client
`
`device” from the Tesonet case involved a different patent family that does not share the
`
`2
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`specification of the 319 and °510 Patents. Consistent with the claim language, the definition
`
`provided by the specification and the detailed discussion therein, a “client device” should be
`
`construed to mean “consumer computer.”
`
`B.
`
`First Server (First Family)
`
`Defendants concedethatthe first server is a web server. Oppn.at 8. To help minimize jury
`
`confusion between the patent claims, it would be helpful to construe the “first server” of the °319
`
`Patent as a “web server,” consistent with the other Asserted Patents.!
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`Cc.
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`Second Server (First Family)
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`Defendants concede that the first server is a web server, and they make clear why
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`Luminati’s proposed constructions are necessary when they then argue that “the claim does not
`
`recite that the ‘second server’ is not the client device or web server.” Oppn. at 8. To clarify that
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`these are separate components and help minimize jury confusion between the patent claims, the
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`“second server” of the °319 and °510 Patents should be construed.
`
`D.
`
`Client Device (Second Family)
`
`While the °319 and °510 Patents are from a separate family with a different specification,
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`the °614 Patent also recites a method that employs the same server — client device — web server
`
`architecture with steps performed by the client device. Defendants concede that the patentee
`
`overcame prior art during prosecution by expressly asserting “the Action equates the various
`
`recited steps to action performed by the server device 106 server device 106, which is clearly a
`
`server device and NOTaclient device.” ECF 126-6 at LUM-00148122. (underlining added,all
`
`' As an unintentionalillustration of potential confusion, which the requested claim construction
`would prevent, Plaintiff's opening brief included a typographical error on page 4 switching the
`words“first” and “second” before the respective servers, although the color coding and use of
`“web server” is accurate. ECF 126 at 4.
`
`3
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`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 7 of 15 PagelD #: 6496
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`caps in original). This constitutes prosecution history disclaimer, in contrast to Defendants’
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`incorrect assertion that the prosecution says nothing about “the types of computers or computer
`
`devices that may servein the role of a client.” The Patentee could not be clearer: a server is “NOT
`
`a client device.” Defendants argue that the patent specification does not define client device
`
`sufficiently for a disclaimer of scope, but ignore the patent prosecution history.
`
`Similarly,
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`the patent specification distinguishes between devices and servers and
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`functionalities “in the meaningofclient/server architecture” (ECF 126-4 at 119:20-29):
`
`Each of the devices denoted herein as servers, such as the acceleration server 32,
`the data server #1 22a, the data server #2 22b, and the acceleration server 202, may
`typically function as a server in the meaningofclient/server architecture, providing
`services, functionalities, and resources, to other devices (clients), commonly in
`response tothe clients' request.
`
`
`Devices that are not denoted herein as servers, such as client devices (such as
`the client device #1 31a, the client device #2 31b, or the client device #1 201a),
`tunnel devices (suchas the tunnel device #1 33a or the tunnel device #2 33b), agent
`devices (such as the agent device #1103a or the agent device #2 103b), or peer
`devices (such as the peer device #1102a or the peer device #2 102b), may typically
`function as a client in the meaningofclient/server architecture, commonlyinitiating
`requests for receiving services, functionalities, and resources, from other devices
`(servers or clients). Each of [SIC] these devices may further employ, store,
`integrate, or operate a client-oriented (or end-point dedicated) operating system,
`such as Microsoft Windows®....”
`
`ECF 126-4 at 118:64-119:3; 119:22-34 (emphasis added). The patent specification clearly
`
`distinguishes between client devices and servers. However, while client devices and servers may
`
`“typically function”as a client or server respectively in “the meaning of client/server architecture,”
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`the client device of the claims also functions as a server in the meaning of the client/server
`
`architecture. This innovation makes the server—client device—-web server architecture of the
`
`claims possible. Defendants seek to rewrite the claim terms as merely requiring a computer —
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`computer - computer architecture in contrast to the clear language of the claims.
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`4
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`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 8 of 15 PagelD #: 6497
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`The claim construction order from the Tesonet Case was entered regarding different patents
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`without the prosecution history estoppel found in the ’614 Patent. ECF 126-7 at 51. Defendants
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`propose plain and ordinary meaning, essentially conceding that the claim construction from the
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`Tesonet Case is inappropriate at least with regard to the °614 Patent. However, Defendants are
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`wrongin asking the Court to ignore the prosecution history of the °614 Patent and in so doing
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`incorrectly argue that
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`the “plain meaning” of client device and servers makes them
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`interchangeable.
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`For the first time, Defendants propose in the alternative that the “client device” be
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`construed as a “device in the role of a client,” but this construction illustrates the problem of
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`attempting to define the proxy client device by function. For example, Independent claim 1
`
`discloses the sameclient device performing both the steps of “sending, by the client device, the
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`first content identifier to the web server” and “sending, by the client device the received first
`
`content to the first server.” These steps are consistent with the client device both “initiating
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`requests for receiving ... resources” performing the functionality of a client in the first step and
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`“providing...resources” performing the functionality of a server in the second step. However,
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`under Defendants’ approach, the same client device could not satisfy Defendants’ proposed
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`alternative construction for the second step where the client device is not functioning “in the role
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`of aclient.” Such construction is contradicted by the claims themselves.
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`Consistent with the clear language of the claims,” the specification and the patentee’s
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`position during prosecution, Luminati asks for a claim construction clarifying that client devices
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`use a client dedicated operating system.
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`Defendants also assert that dependent claim 9 adds the limitation of using a client operating
`system, but ignores that this dependent claim includeslimitations such as the “storing” of a client
`operating system that are not included in Luminati’s proposed construction for client device.
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`5
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`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 9 of 15 PagelD #: 6498
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`E.
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`First Server (Second Family)
`
`For the same reasons discussed above with regard to “client device,” the claims,
`
`specification and patent prosecution history of the ’614 Patent distinguish between “client devices”
`
`and “servers”in the claimed methodutilizing the server — client device — web serverarchitecture.
`
`To help minimize jury confusion between the patent claims, it would be helpful to give “first
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`server”of the °614 Patent Luminati’s proposed construction.
`
`Il.
`
`THE CLAIM TERMS ARE NOT INDEFINITE
`
`In addition to the above claim construction issues, Defendants have raised a number of
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`additional issues they assert are related to indefiniteness. Plaintiff disagrees. Following Nautilus,
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`35 U.S.C. § 112 requires that “a patent’s claims, viewed in light of the specification and
`
`prosecution history, inform those skilled in the art about the scope ofthe invention with reasonable
`
`certainty.” Nautilus, Inc. v. Biosig Instruments, Inc., 134 8. Ct. 2120, 2129 (2014). If the claim
`
`language “inform[s], with reasonable certainty, those skilled in the art about the scope of the
`
`invention[,]” it is not indefinite. Jd. at 2124. Additionally, a patent claim is not indefinite if
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`“someone working in the relevant technical field could understand the bounds ofa claim.” Traxxas
`
`LP y. Hobby Prods. Int’l, No. 2:14-CV-945-JRG-RSP, 2015 U.S. Dist. LEXIS 114148, at *8 (E.D.
`
`Tex. Aug. 27, 2015) (emphasis added). Many of Defendant’s indefiniteness challenges rely on
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`antecedent basis arguments, but lack of antecedent basis “does not constitute per se grounds for
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`invalidity; instead ... the law requires a clear and convincing showing that one of ordinary skill
`
`cannot reasonably ascertain claim scope.” Optimum Imaging Techs. LLC v. Canon Inc., No. 2:19=
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`CV-00246-JRG,2020 U.S. Dist. LEXIS 102126, *25 (E.D. Tex. June 11, 2020) (citing Nautilus).
`
`A.
`
`Not Indefinite: “The First IP Address” / “The First Client IP Address”
`
`Lack of antecedent basis by itself is insufficient to find a term indefinite. O/T, 2020 U.S.
`
`Dist. LEXIS 102126, at *25. From the context of claim 2 of the ‘319 and ‘510 patents,“the client
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`6
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`device is identified by a media Access Control (MAC)addressor a hostname,”andthefirst[client]
`
`IP addressis included in the subsequentlist ofterms“the first [client] IP address, the MAC address,
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`or the hostname”in that claim limitation. A POSA would knowthatthe “first IP address” identifies
`
`the client device, given the context of the claim and the specific list incorporated therein. As Dr.
`
`Rhynestated in his declaration, “ta POSA would understand from the context of the claim that the
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`plain and ordinary meaning ofthe “first IP address” is the IP address forthefirst client device and,
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`hence, in my opinion would notfind this term indefinite.” Ex. D at § 15. The same applies equally
`
`to “first client IP address” in the °510 patent, and the fact that the same language was used
`
`regarding a related patent further clarifies to a POSAthat the IP addressis for the first client device.
`
`See Microsoft Corp. v. Multi-Tech Sys., 357 F.3d 1340, 1350 (Fed. Cir. 2004) (looking to related
`
`patent to inform as to claim construction). Similarly, whether or not a client device could be
`
`identified by other IP addressesis irrelevant to the claim and in no wayrendersit indefinite.
`
`Not Indefinite: “Determining, By The First Client Device, That The Received
`B.
`First Content, Is Valid” / “The Determining Is Based On The Received HTTP
`Header According To, Or Based On IETF RFC 2616”
`
`Defendants ignore the clear guidance from the specification regarding the meaning of the
`
`term “determining ... that the received first content, is valid” (ECF 126-2 at 14:32-38) and the
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`dependent claim’s reference to “IETF RFC 2616” (dd. at 20:24-26) as the basis for determining.
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`These terms are not
`
`indefinite as “someone working in the relevant
`
`technical field could
`
`understand the bounds of a claim.” Traxxas LP, 2015 U.S. Dist. LEXIS at *8. In addition,
`
`Defendants are wrong to the extent that they assert indefiniteness based on the breadth of the
`
`claims. “[B]readth is not indefiniteness.” BASF Corp. v. Johnson Matthey Inc., 875 F.3d 1360,
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`1367 (Fed. Cir. 2017).
`
`7
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`Similarly, lack of antecedent basis by itself is insufficient to find a term indefinite. O/T,
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`2020 U.S. Dist. LEXIS 102126, at *25. The preambles of independent claim 1 for both patents
`
`refer to a web serverthat responds to HTTP requests. A POSA would understand with reasonably
`
`certainty that the “received HTTP header” refers to the HTTP content associated with the first
`
`content consistent with Dr. Rhyne’s opinion. ECF 126-2 at § 19. Instead of analyzing this term in
`
`the context of the claims, Defendants assert that the term “header” can have many meanings
`
`outside of the claims. This argumentis irrelevant and these terms should not be foundindefinite.
`
`C.
`
`Not Indefinite: “Periodically Communicating”
`
`Defendants continue to wrongly confuse breadth with definiteness in their analysis of
`
`“periodically communicating.” BASF Corp. 875 F.3d at 1367 (“[B]readth is not indefiniteness.”)
`
`Consistent with Dr. Rhyne’s opinion (ECF 126-5 at § 21), a POSA would understand with
`
`reasonable certainty that the limitation of “periodically communicating” is narrowerthan claim 1,
`
`while still being broader than the dependent claims that specify that “the periodically
`
`communicating comprises exchanging ‘keep alive’ messages.” ECF 126-2 at claim 18. The term
`
`does not require a specific interval or number of communications, and Defendants arguments in
`
`this regard point to breadth, not definiteness.
`
`Not Indefinite: “In Response To The Receiving Of The First Content
`D.
`Identifier”
`
`Lack of antecedent basis byitself is insufficient to find a term indefinite. OJT, 2020 U.S.
`
`Dist. LEXIS 102126, at *25. A POSA would understand with reasonable certainty that “in
`
`responseto the receiving ofthe first content identifier” means“in responseto receiving ofthefirst
`
`content identifier.” A POSA would not need a separate antecedent receiving step to understand the
`
`scope of the claim with reasonable certainty. Defendants argue that claim construction requires
`
`claim 15 to be narrowerthan claim 1, but do notdisclose that claim 15 expressly requires additional
`
`8
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`limitations including “receiving, by the first client device from the second server, over the
`
`
`established TCP connection, the first content identifier.” (emphasis added). Regardless, “breadth
`
`is not indefiniteness.” BASF Corp. 875 F.3d at 1367. A POSA would understand the scope of the
`
`claim with reasonable certainty as requiring “sending the received first content, to the second
`
`server over the established TCP connection, in response to the receiving of the first content
`
`identifier.” ECF 126-3 at 19:29-31. Defendants’ attempts to add limitations are improper.
`
`The Sending Of The Hypertext Transfer Protocol (HTTP) Request/
`E.
`Receiving And Storing Of The First Content / The Sending Of The Part Of, Or The
`Whole Of, The Stored First Content
`
`Defendants continue to ignore the context of the claims in arguing for lack of antecedent
`
`basis, despite lack of antecedent basis being insufficient by itself to find the terms indefinite. O/T,
`
`2020 U.S. Dist. LEXIS 102126, at *25. Dependent claim 13 provides “a method according to
`
`claim 1, for use with a software application that includes computerinstructions that, when executed
`
`by a computer processor, cause the processor to perform....” ECF 126-3 at 20:26-34. Each of the
`
`three terms challenged are to be properly analyzed in the context of this claim language and
`
`independent claim 1. First, a POSA would understand with reasonable certainty that the HTTP
`
`request refers to the “sending, to the web server overan Internet, the first content identifier” given
`
`that the “web server...responds to Hypertext Transfer Protocol (HTTP) requests.
`
`Defendants argue for the purposesof claim 13 that a POSA would only understand the web
`
`server as having storage (Oppn. at 2), but this is belied by the fact that Defendants elsewhere
`
`conceded that a client device must have “at least one storage device.” ECF 138 at 2. Further, a
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`POSA would understand with reasonable certainty that the client device has a storage, and claim
`
`13 addsthestoring of the first content by the first client device. In Dr. Rhyne’s opinion, “[a] POSA
`
`would understand from the commonspecification that software may be stored on the client device
`
`9
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`IPR2022-01109, EX. 2020
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`The Data Company TechnologiesInc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2009
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`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 13 of 15 PagelD #: 6502
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`providing functionality which may includethe content being stored bythe client device, including
`
`for example in its cache. °510 Patent at 4:48-52; 8:7-22. Thus, a POSA would not understand this
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`claim as indefinite.” ECF 126-5 at { 27.
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`Finally, Defendants’ argumentis similarly nonsensical with regard to the “sending of the
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`... Stored first content.” A POSA would understand with reasonable certainty that the claim refers
`
`to the software application onthefirst client device and thatthe first content is stored on theclient
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`device. ECF 126-5 at § 29. This is consistent with the remainder of claim 13 reciting the
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`downloading andinstalling of the software application bythe first client device.
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`F.
`
`The Steps Are Sequentially Executed
`
`Claim 1 of the °614 Patent includes twosets of steps involving the client device “associated
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`with first and second state according to a utilization of the resource” followed by “performing a
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`task, by the client device,” whichis “further configured for fetching over the Internet a first content
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`... and the task comprising....” (emphasis added). Here, despite the clear antecedent basis for
`
`“the task,” Defendants appear to wrongly understand this claim as involving two separate tasks,
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`each ofwhich must be performed oneafter the other. However, as this is the same task, Defendants
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`clearly misread the claim. A POSA would understand with reasonable certainty that the first set
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`of steps would be performed and,if those steps result in the client device being in thefirst state
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`and receiving a request, then the client device would proceed by performing the task comprising
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`each of the remaining steps for fetching content in sequential order. ECF 126-5 at 4 36.
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`IV.
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`CONCLUSION
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`For the foregoing reasons, Plaintiff respectfully requests that the Court enter its proposed
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`constructionsas set forth above, and find that noneof the claimsis indefinite.
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`10
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`Code200, UAB,et al. v. Bright Data Ltd.
`IPR2022-01109, EX. 2020
`13 of 15
`The Data Company TechnologiesInc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2009
`13 of 15
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`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 14 of 15 PagelD #: 6503
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`Dated: October 20, 2020
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`Respectfully submitted,
`
`By: /s/ Korula T. Cherian
`J. Mark Mann
`State Bar No. 12926150
`mark@themannfirm.com
`G. Blake Thompson
`State Bar No. 24042033
`blake@themannfirm.com
`MANN | TINDEL | THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`(903) 657-8540
`(903) 657-6003 (fax)
`
`Robert Ruyak
`Corrine Saylor Davis
`Ronald Wielkopolski
`RuyakCherian LLP
`1901 L St. NW, Suite 700
`Washington, DC 20036
`robertr@ruyakcherian.com
`ronw@ruyakcherian.com
`corrinesd@ruyakcherian.com
`
`Korula T. Cherian
`Robert Harkins
`RuyakCherian LLP
`1936 University Ave, Ste. 350
`Berkeley, CA 94702
`sunnyc@ruyakcherian.com
`bobh@ruyakcherian.com
`
`S. Calvin Capshaw
`State Bar No. 03783900
`Elizabeth L. DeRieux
`State Bar No. 05770585
`Capshaw DeRieux, LLP
`114 E. Commerce Ave.
`Gladewater, TX 75647
`Telephone: 903-845-5770
`ccapshaw@capshawlaw.com
`ederieux@capshawlaw.com
`
`Attorneysfor Plaintiff
`
`Code200, UAB,et al. v. Bright Data Ltd.
`IPR2022-01109, EX. 2020
`14 of 15
`The Data Company TechnologiesInc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2009
`14 of 15
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`
`
`Case 2:19-cv-00395-JRG Document 145 Filed 10/20/20 Page 15 of 15 PagelD #: 6504
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`Luminati NetworksLtd.
`
`12
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`Code200, UAB,et al. v. Bright Data Ltd.
`IPR2022-01109, EX. 2020
`15 of 15
`The Data Company TechnologiesInc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2009
`15 of 15
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`