`571-272-7822
`
`Paper 31
`Date: January 12, 2023
`
`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.
`
`IPR2022-00135 (Patent 10,257,319)
` IPR2022-00138 (Patent 10,484,510)1
`
`
`
`
`
`
`
`
`
`Before THOMAS L. GIANNETTI, SHEILA F. McSHANE, and
`RUSSELL E. CASS, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`1 The parties are not authorized to use this caption.
`
`
`
`
`
`IPR2022-00135 (Patent 10,257,319)
`IPR2022-00138 (Patent 10,484,510)
`INTRODUCTION
`On January 6, 2023, counsel for Petitioner, The Data Company
`Technologies, Inc., counsel for Patent Owner, Bright Data Ltd., and the
`panel conducted a telephone conference call to discuss Patent Owner’s
`request to file corrected versions of Exhibits 2026 and 2027. These exhibits
`contain excerpts from a transcript of a trial involving Petitioner and a third
`party (Teso). According to Petitioner’s counsel, a clerical error in filing the
`exhibits resulted in the wrong pages being filed. Petitioner seeks
`authorization to file replacement versions of the exhibits with the correct
`pages.
`Petitioner opposes the request on several grounds. Petitioner asserts
`that the request was made in an ex parte emailed communication to the
`Board that was sent without meeting and conferring with Petitioner.
`Petitioner objects also to the request as untimely and therefore prejudicial.
`Patent Owner responds that the corrected exhibits were timely supplied to
`Petitioner as supplemental evidence under 37 C.F.R. § 42.64 (b) (2) in
`response to Petitioner’s objections to Exhibits 2026 and 2027. Patent Owner
`also stated that if the replacement versions of the exhibits were permitted to
`be filed it would file a motion to exclude them on the basis of hearsay.
`After considering the positions of the parties, the panel reminded
`Petitioner’s counsel to avoid further ex parte submissions to the Board and
`always to meet and confer with Patent Owner’s counsel before requesting
`relief from the Board. The panel also indicated to Patent Owner’s counsel
`that Petitioner’s counsel should have been contacted after Patent Owner’s
`counsel noticed the mistake in the exhibits.
`The panel determines after hearing argument and balancing the factors
`that it is in the interest of justice to permit correction of the exhibits on a
`
`2
`
`
`
`IPR2022-00135 (Patent 10,257,319)
`IPR2022-00138 (Patent 10,484,510)
`provisional basis. At the same time, the panel wishes to expedite a ruling on
`Patent Owner’s hearsay objections to the exhibits.
`ORDER
`
`In view of the foregoing, it is
`ORDERED that in each of these proceedings Petitioner is
`provisionally authorized to file the corrected versions of Exhibits 2026 and
`2027 previously supplied to Patent Owner;
`FURTHER ORDERED that within five business days from entry of
`this Order Petitioner will file a motion to exclude Exhibits 2026 and 2027 on
`the basis of hearsay only;
`FURTHER ORDERED that within five business days from receipt of
`Petitioner’s motion to exclude Patent Owner may file an opposition;
`FURTHER ORDERED that Petitioner’s motion to exclude and Patent
`Owner’s opposition are each limited to five pages; and
`FURTHER ORDERED that no further briefing on the motion to
`exclude is authorized at this time.
`
`
`
`
`FOR PETITIONER:
`
`Michael Rader
`Adam Wichman
`Gregory Nieberg
`Wolf, Greenfield & Sacks, P.C.
`MRader-PTAB@wolfgreenfield.com
`AWichman-PTAB@wolfgreenfield.com
`GNieberg-PTAB@wolfgreenfield.com
`
`
`
`
`
`3
`
`
`
`IPR2022-00135 (Patent 10,257,319)
`IPR2022-00138 (Patent 10,484,510)
`FOR PATENT OWNER:
`
`Thomas M. Dunham
`Elizabeth A. O’Brien
`RUYAKCHERIAN LLP
`tom@dunham.cc
`elizabetho@ruyakcherian.com
`
`4
`
`
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