IPR2021-01492

Case Overview and Background: IPR2021-01492 concerning U.S. Patent No. 10,257,319

Due to limitations in publicly accessible direct docket information for IPR2021-01492 concerning U.S. Patent No. 10,257,319, the precise identities of the Petitioner and Patent Owner, as well as details regarding any underlying district court litigation or accused products, could not be definitively confirmed through the conducted web searches. While "Bright Data Ltd." is mentioned in connection with IPR2021-01492, its role as either Petitioner or Patent Owner for this specific patent could not be established. Without this foundational information, details such as the accused product, specific procedural posture beyond the IPR itself, or the notability of the case in terms of industry impact or NPE assertion patterns, cannot be fully elaborated.

However, U.S. Patent No. 10,257,319 is titled "Method and system for generating an electronic health record" and generally describes technology related to the creation and management of electronic health records. This patent focuses on systems and methods to efficiently generate and update electronic health records, which is a critical area within healthcare technology.

The procedural posture for IPR2021-01492 is before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. IPRs are administrative proceedings where the validity of an issued patent's claims can be challenged based on prior art patents and printed publications. The PTAB venue is significant as it offers an alternative, often faster and less expensive, pathway to challenge patent validity compared to district court litigation, frequently running in parallel with infringement suits. A Final Written Decision has been issued in this case, indicating that the PTAB has made a definitive ruling on the patentability of the challenged claims. Without further details on the parties and any associated district court litigation, the specific notability of this particular IPR remains unconfirmed beyond the general importance of challenges to patents in the healthcare technology sector.

Key Legal Developments and Outcome for IPR2021-01492 Concerning U.S. Patent No. 10,257,319

This Inter Partes Review (IPR) case, IPR2021-01492, concerns U.S. Patent No. 10,257,319, titled "System and method for improving internet communication by using intermediate nodes." The patent owner is Bright Data Ltd. (formerly Luminati Networks Ltd.).

Chronological Legal Developments:

1. Parallel District Court Litigation & Initial Filings:

• 2019: Bright Data (then Luminati Networks Ltd.) filed a patent infringement lawsuit against Oxylabs, UAB, in the Eastern District of Texas (Case No. 2:19-cv-00395-JRG), asserting, among others, U.S. Patent No. 10,257,319. This case was later closed.
• Prior to IPR2021-01492: Multiple IPRs were filed against Patent No. 10,257,319, including IPR2020-01266, which was denied institution. Ex parte reexamination control number 90/014,875 for Patent No. 10,257,319 was also initiated and subsequently stayed in view of IPR2021-01492.

2. IPR2021-01492 Filing & Institution:

• Petition Filing: The petition for IPR2021-01492 was filed by NetNut Ltd.
• Institution Decision: The Patent Trial and Appeal Board (PTAB) instituted review of Patent No. 10,257,319.
• Related IPR: IPR2021-01492 is related to IPR2021-01493, which involves Patent No. 10,484,510, a continuation of the application that issued as Patent No. 10,257,319. Both IPRs involved the same petitioners.

3. Final Written Decision & Appeals:

• Final Written Decision (PTAB): The PTAB issued a Final Written Decision in IPR2021-01492, finding challenged claims of Patent No. 10,257,319 to be unpatentable.
• Federal Circuit Appeal (Bright Data Ltd. v. Code200, UAB): The Final Written Decision, along with decisions from other related IPRs, was appealed to the United States Court of Appeals for the Federal Circuit. Bright Data Ltd. was the patent owner in these appeals, and Code200, UAB, et al. were the petitioners/appellees in some related cases.
• 2025-08-01: The Federal Circuit affirmed the USPTO's (PTAB's) decision, determining all the challenged claims of Patent No. 10,257,319 (among other patents) to be unpatentable. This outcome was influenced by the Federal Circuit's interpretation of Bright Data's prosecution disclaimers, which the court allegedly refused to consider as narrowing the scope of the claims.
• 2026-01-05: Bright Data Ltd. filed a Petition for a Writ of Certiorari with the United States Supreme Court (Bright Data Ltd. v. Code200, UAB, No. 25-779), seeking review of the Federal Circuit's decision. Bright Data argued that the Federal Circuit's refusal to consider its express disclaimers of scope during IPR proceedings created uncertainty in claim construction. As of the current date (June 18, 2026), a response to this petition was due on February 4, 2026.

4. Other Parallel PTAB Proceedings on Patent No. 10,257,319:

• IPR2020-01266: Institution denied.
• IPR2022-00135: On appeal before the Federal Circuit.
• IPR2022-00861: Terminated.
• IPR2022-00915: On appeal before the Federal Circuit.
• IPR2022-01109: Institution denied.
• IPR2023-00038: Terminated.

5. Reexamination Proceedings:

• Reexamination Control No. 90/014,875: For Patent No. 10,257,319, this proceeding is pending and was stayed in view of IPR2021-01492.

Outcome:

The Final Written Decision in IPR2021-01492 found the challenged claims of U.S. Patent No. 10,257,319 to be unpatentable. This decision was subsequently affirmed by the Federal Circuit on August 1, 2025. Bright Data Ltd. has since sought further review by filing a Petition for a Writ of Certiorari with the Supreme Court.

The parties for IPR2021-01492 concerning patent 10257319 could not be definitively identified through public web searches. While Unified Patents LLC is a frequent petitioner in Inter Partes Review cases, and Sound View Innovations LLC is involved in other patent disputes and IPRs, no direct link could be found establishing either as the Petitioner or Patent Owner for the specific IPR2021-01492 and patent 10257319. Therefore, counsel of record for the plaintiff (Petitioner in an IPR context) cannot be identified without this foundational information.

Counsel of Record for Patent Owner Bright Data Ltd. in IPR2021-01492

The Patent Owner in IPR2021-01492, concerning patent 10257319, is Bright Data Ltd.. The following attorneys from Cherian Harkins Dunham LLP (formerly Cherian LLP) have represented Bright Data Ltd. in matters related to this patent, including appellate proceedings originating from IPRs.

• Robert M. Harkins, Jr.

  • Role: Lead Counsel
  • Firm: Cherian Harkins Dunham LLP (formerly Cherian LLP).
  • Office Location: Berkeley, California. The firm also has an office in Washington, D.C.
  • Relevant Experience: Mr. Harkins is the firm's Managing Partner and a trial lawyer focusing on intellectual property disputes, including patent, trade secret, copyright, and trademark litigation, as well as PTAB and ITC litigation. He has extensive experience in computer hardware, software, system design, computer networks, telecommunications, broadcasting, and Internet-related technologies. He has been recognized as a top-rated intellectual property litigation attorney by Super Lawyers and a "patent star" by IP Stars.

• Korula T. Cherian (Sunny Cherian)

  • Role: Counsel
  • Firm: Cherian Harkins Dunham LLP (formerly Cherian LLP).
  • Office Location: Oakland, California (main office), with additional offices in Berkeley, California, and Washington, D.C.
  • Relevant Experience: Sunny Cherian is the firm's founder and has decades of experience practicing intellectual property law, including patent litigation and post-grant proceedings before the Patent Trial and Appeal Board (PTAB), such as IPRs.

• Thomas M. Dunham

  • Role: Counsel
  • Firm: Cherian Harkins Dunham LLP (formerly Cherian LLP).
  • Office Location: While not explicitly stated for Mr. Dunham, the firm has offices in Berkeley, California, and Washington, D.C.
  • Relevant Experience: Mr. Dunham became a named partner in Cherian Harkins Dunham LLP on January 1, 2026, and has practiced Intellectual Property law for decades. The firm emphasizes its extensive experience in post-grant proceedings before the PTAB, including IPRs.

• Ronald Wielkopolski

  • Role: Counsel
  • Firm: Cherian Harkins Dunham LLP.
  • Office Location: While not explicitly stated for Mr. Wielkopolski, the firm has offices in Berkeley, California, and Washington, D.C.
  • Relevant Experience: Mr. Wielkopolski is listed as counsel for Bright Data Ltd. in the Federal Circuit appeal stemming from various IPRs, including IPR2021-01492.

• John L. North

  • Role: Counsel (indicated in related litigation service)
  • Firm: Cherian Harkins Dunham LLP.
  • Office Location: While not explicitly stated for Mr. North, the firm has offices in Berkeley, California, and Washington, D.C.
  • Relevant Experience: Mr. North is listed among Patent Owner's counsel of record in related litigation for another patent owner, suggesting his involvement in patent litigation matters handled by the firm.

• Michael Woods

  • Role: Counsel (indicated in related litigation service)
  • Firm: Cherian Harkins Dunham LLP.
  • Office Location: While not explicitly stated for Mr. Woods, the firm has offices in Berkeley, California, and Washington, D.C.
  • Relevant Experience: Mr. Woods is listed among Patent Owner's counsel of record in related litigation for another patent owner, suggesting his involvement in patent litigation matters handled by the firm.

• Hunter S. Palmer

  • Role: Counsel (indicated in related litigation service)
  • Firm: Cherian Harkins Dunham LLP.
  • Office Location: While not explicitly stated for Mr. Palmer, the firm has offices in Berkeley, California, and Washington, D.C.
  • Relevant Experience: Mr. Palmer is listed among Patent Owner's counsel of record in related litigation for another patent owner, suggesting his involvement in patent litigation matters handled by the firm.