Invalidity dossier
US 10484510
System providing faster and more efficient data communication
Current assignee: Bright Data Ltd. (f/k/a Luminati Networks Ltd.)
Added 9/24/2026, 3:04:01 AM
Active provider: DeepSeek · deepseek-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
Search notes and limitations
I do not have direct credentialed access to USPTO PatentCenter or PACER; I searched public sources (Google Patents, Justia, CourtListener, PTAB/Final Written Decision PDFs, the CAFC website, the Supreme Court docket PDF, and trade press). Per your instruction, everything below relates to U.S. Patent No. 10,484,510 only — I did not fold in results for the sibling patents (10,257,319; 11,044,342; 11,044,344) except where a single proceeding covers them jointly, and I flag that explicitly. The authoritative full text you supplied ends mid‑specification, so the actual claim text is not in the provided source; I reconstructed the claim substance from PTAB and Federal Circuit documents and flag any uncertainty.
1. Bibliographic data — US 10,484,510 B2
| Field | Value |
|---|---|
| Patent number | US 10,484,510 B2 |
| Title | System providing faster and more efficient data communication |
| Inventors | Derry Shribman; Ofer Vilenski |
| Application no. | 16/278,107 |
| Filing date | 2019‑02‑17 |
| Issue date | 2019‑11‑19 |
| Earliest priority | 2009‑10‑08 (US provisional 61/249,624) |
| Priority chain (from the patent text) | Continuation of 15/957,945 (filed 2018‑04‑20) → continuation of 14/025,109 (filed 2013‑09‑12, issued as US 10,069,936) → divisional of 12/836,059 (filed 2010‑07‑14, issued as US 8,560,604) |
| Original assignee | Web Spark Ltd. |
| Later assignees | Luminati Networks Ltd. (assignment recorded 2019‑12‑05); Bright Data Ltd. (change of name recorded 2021‑03‑31) |
| Current assignee | Bright Data Ltd. |
| Publication (pre‑grant) | US 2019/0182360 A1 (2019‑06‑13) |
| Anticipated expiration per Google Patents | 2030‑07‑14 (patent is subject to a terminal disclaimer, per the PTAB FWD) |
| Google Patents legal status | "Active" — this does not reflect the 2023–2025 unpatentability outcomes described in §5 |
| Classification emphasis | H04L67/10, H04L67/1001, H04L67/1023, H04L67/1063, H04L67/1078, H04L67/108, H04L67/142, H04L67/563, H04L67/564, H04L67/568, H04L67/02 |
Abstract (verbatim from the patent): "A system designed for increasing network communication speed for users, while lowering network congestion for content owners and ISPs. The system employs network elements including an acceleration server, clients, agents, and peers, where communication requests generated by applications are intercepted by the client on the same machine. The IP address of the server in the communication request is transmitted to the acceleration server, which provides a list of agents to use for this IP address. The communication request is sent to the agents. One or more of the agents respond with a list of peers that have previously seen some or all of the content which is the response to this request (after checking whether this data is still valid). The client then downloads the data from these peers in parts and in parallel, thereby speeding up the Web transfer, releasing congestion from the Web by fetching the information from multiple sources, and relieving traffic from Web servers by offloading the data transfers from them to nearby peers."
2. Independent claims — plain-language overview
Per the PTAB Final Written Decision in IPR2021‑01493, the '510 patent has twenty‑four claims, and claim 1 is the only independent claim (claims 2–24 are dependent). So there is a single independent claim to summarize.
Claim 1 is a method claim, carried out "by a first client device," for use with a web server that responds to HTTP requests and stores a first content identified by a first content identifier. Plain-language reading, based on the PTAB's bracketed limitation breakdown and the Federal Circuit's description of the family's common specification:
- [a] The client device runs a web browser (or otherwise executes client-side web software).
- [b] The client device establishes a TCP connection with a "second server" (in the family's architecture, a proxy/relay server that brokers the request) over the Internet.
- [c]/[d] The client device sends the content identifier (e.g., a URL) to that second server over the established TCP connection, and receives back the requested content as the response to the HTTP request.
- The overall claimed operation places the first client device in the middle: second server ↔ first client device ↔ web server, so that the client device acting as a proxy fetches the content from the web server and returns it, over the TCP connection, to the second server.
Key claim-construction point that mattered in litigation: the parties disputed whether "client device" and "second server" are defined by role/function or by structure. The Board construed "client device" as "a communication device that is operating in the role of a client" and "second server" as "a server that is not the client device," rejecting Bright Data's narrower hardware-differentiation reading. The Federal Circuit (Aug. 1, 2025) upheld those constructions.
Uncertainty flag: I could not retrieve the complete verbatim text of claim 1 of the '510 from the sources available to me. The limitation breakdown above is derived from the PTAB's bracketed reproduction (quoted partially in the IPR2021‑01493 Final Written Decision materials and in the cert petition appendix) and from the panel's description of the shared specification. Treat the wording as a faithful summary, not a verbatim quote. Note also that the panel used the sibling '342 patent's claim as its illustrative claim, and the '342 and '510 claims are similar but not identical.
This claim reads very differently from what the abstract might suggest: the '510's independent claim is directed to the client-device-as-proxy architecture, not to the "acceleration server selects agents / agent returns peer lists / client downloads chunks in parallel" retrieval scheme described in the specification and abstract (that scheme appears in other family members and in dependent claims/specification support).
3. Post‑grant USPTO proceedings
Inter partes reviews touching the '510:
- IPR2021‑01493 (Code200, UAB, Teso LT, UAB, Metacluster LT, UAB, Oxysales, UAB, Coretech LT, UAB v. Bright Data Ltd.) — Final Written Decision: claims 1, 2, 6–11, 13, and 15–24 shown unpatentable. Panel: Giannetti, McShane, Trock/others.
- IPR2022‑00138 — Final Written Decision reported.
- IPR2022‑00916 — Final Written Decision reported.
- IPR2022‑00862 (Code200 et al. v. Bright Data) — listed with a Final Written Decision dated 2023‑09‑22 and an appeal docketed as 23‑2443, but the Federal Circuit opinion's footnote states IPR2022‑00861 and IPR2022‑00862 "were joined to IPR2021‑01492 and IPR2021‑01493, respectively, and then terminated." These two accounts conflict and I cannot resolve which is correct from the sources I have.
- IPR2022‑01110 — filed, not instituted (procedural).
- IPR2020‑01358 — Code200, UAB et al. v. Luminati Networks Ltd., filed 2020‑07‑28; institution denied (2021‑02‑02).
- IPR2023‑00039 — Code200, UAB et al. v. Bright Data Ltd., filed 2022‑10‑14; terminated by pre‑institution dismissal on 2022‑12‑19.
Ex parte reexamination: Control No. 90/014,876, filed 2021‑10‑05 (attorney docket "HOLA‑005‑US10‑EPR"), Art Unit 3992, Examiner William H. Wood. A non‑final Office Action reportedly rejected claims 1–2, 6–11, 13, and 15–24, and stated claims 3–5, 12, and 14 were not subject to reexamination. Caveat: the OCR of the transmittal form is garbled and conflates fields; the claim set matches the '510's, but I cannot confirm with certainty from that document alone that the patent under reexamination is 10,484,510 rather than a sibling.
4. District court litigation (for context)
- Luminati Networks Ltd. v. Teso LT, UAB, et al., No. 2:19‑cv‑00395 (E.D. Tex.) — the "Case No. 395" referenced in Oxylabs' public timeline.
- Bright Data Ltd. v. NetNut Ltd., No. 2:21‑cv‑00225 (E.D. Tex.); also E.D. Tex. Nos. 2:19‑cv‑00397, 2:19‑cv‑00414, 2:21‑cv‑00434.
- Trade press references a $7.5M case from which these patents were "axed."
5. CAFC / appellate status — including 2026
Federal Circuit (2025):
- Consolidated appeals 23‑2144, 23‑2145, 23‑2146, 23‑2147, 23‑2414, 23‑2415, 23‑2442, 23‑2443, from PTAB IPRs IPR2021‑01492, ‑01493, IPR2022‑00103, ‑00135, ‑00138, ‑00353, ‑00861, ‑00862, ‑00915, ‑00916.
- Panel: Hughes, Cunningham, Stark (Stark authored). Decided August 1, 2025, nonprecedential: "We disagree and affirm the Board." The court upheld the Board's constructions of "client device" and "second server," its reading of the Reiter "Crowds" prior art (ACM TISSEC, Vol. 1, No. 1, Nov. 1998, pp. 66–92), which the Board found both anticipated and rendered obvious the claims, and its finding that Bright Data's secondary-considerations evidence lacked the requisite nexus.
- The decision covers four related patents — 11,044,342; 10,257,319; 10,484,510; and 11,044,344 — which share a common specification. Claims 1, 2, 6–11, 13, and 15–24 of the '510 were held unpatentable.
- Bright Data filed a combined petition for panel rehearing / rehearing en banc dated August 29, 2025 (Fed. Cir. R. 35/40), arguing the panel misapplied prosecution disclaimer and Aylus/CUPP.
Supreme Court (2026):
- Petition for certiorari: Bright Data Ltd. v. Code200, UAB, No. 25‑779, petition filed on or about December 30, 2025, presenting the question whether disclaimers made in an IPR bind later proceedings and whether the Federal Circuit applies "asymmetrical" claim-construction rules.
- Certiorari denied on/about February 23, 2026 (reported by Law360 and other outlets). With that denial, the August 1, 2025 invalidity affirmance is final as to the challenged claims.
CAFC 2026 docket: I found no new Federal Circuit appeal involving 10,484,510 docketed in 2026. The 2026 activity for this patent is the Supreme Court cert denial (Feb. 23, 2026) closing out the appeal chain, not a fresh CAFC case. If you need a PACER‑level confirmation, that must be checked directly — I cannot assert with certainty that no 2026 CAFC filing exists.
6. Bottom line and explicit uncertainties
- US 10,484,510 is a Bright Data (originally Web Spark/Luminati) patent, filed 2019‑02‑17, issued 2019‑11‑19, claiming priority to 2009‑10‑08, naming Shribman and Vilenski.
- It has one independent claim (claim 1) — a method of a client device acting as a proxy between a "second server" and a web server over a TCP connection.
- Claims 1, 2, 6–11, 13, and 15–24 were held unpatentable by the PTAB (IPR2021‑01493 and related IPRs) over "Crowds" and other art; the Federal Circuit affirmed on August 1, 2025, and the Supreme Court denied cert on about February 23, 2026. The patent should be treated as invalid as to those claims, notwithstanding Google Patents' "Active" status flag.
- Explicit uncertainties: (i) I could not verify the exact verbatim text of claim 1 of the '510; (ii) the status of claims 3–5, 12, and 14 (which were outside the challenged set in IPR2021‑01493 and outside the reexam scope) is not established by the documents I reviewed; (iii) there is a conflict between sources on whether IPR2022‑00862 ended in a Final Written Decision or was joined and terminated; (iv) the ex parte reexamination transmittal OCR is garbled as to the patent under reexamination; and (v) I have not confirmed via PACER/USPTO PatentCenter that no 2026 CAFC filing exists.
Generated 10/1/2026, 4:54:31 PM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 10484510. The free-form analysis below may also discuss cases beyond this list.
- 2:19-cv-00414-JRGU.S. District Court for the Eastern District of Texas, Marshall Divisionterminated Sep 6, 2022stayed/administratively closed
Defendants: Tefincom S.A. d/b/a NordVPN
- 2023-2144 (consolidated with 2023-2145, 2023-2146, 2023-2147, 2023-2414, 2023-2415, 2023-2442, 2023-2443)U.S. Court of Appeals for the Federal Circuitterminated Oct 1, 2025affirmed; rehearing denied
Defendants: Code200, UAB, Teso LT, UAB, Metacluster LT, UAB, and 4 others
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US Patent 10,484,510. Let me run several targeted searches.
Let me dig deeper into specific cases and outcomes.
Litigation Involving U.S. Patent No. 10,484,510
Scope note: U.S. 10,484,510 ("System providing faster and more efficient data communication") issued November 19, 2019 to Shribman and Vilenski, from App. No. 16/278,107 (filed Feb. 17, 2019), claiming priority to Oct. 8, 2009. Original assignee Web Spark Ltd., later Luminati Networks Ltd., now Bright Data Ltd. Because the patent issued in Nov. 2019, no case filed before that date can assert it as a patent-in-suit. I have not returned results for the numerous sibling/continuation patents in this family (e.g., 10,257,319; 10,469,614; 11,044,342; 11,044,344) except where they are relevant context.
A. District Court Litigation
1. Bright Data Ltd. (f/k/a Luminati Networks Ltd.) v. Teso LT, UAB, Oxysales, UAB and Metacluster LT, UAB ("Oxylabs")
| Item | Detail |
|---|---|
| Plaintiff | Bright Data Ltd. (then Luminati Networks Ltd.) |
| Defendants | Teso LT, UAB; Oxysales, UAB; Metacluster LT, UAB (collectively "Oxylabs") |
| Jurisdiction | U.S. District Court, Eastern District of Texas, Marshall Division (Judge J. Rodney Gilstrap) |
| Case No. | 2:19-cv-00395-JRG |
| Filed | December 6, 2019 |
| '510 role | Asserted claims 1 and 22 of the '510 patent (along with claims of the '319 and '614 patents) |
Outcome / current status:
- Jury verdict, Nov. 5, 2021 (Dkt. 516): Oxylabs infringed the asserted claims; none of the asserted claims were proven invalid; infringement was willful; jury awarded $7,474,876.00 in lost profits. (Verdict form reproduced in IPR filings; Bright Data press release.)
- Injunction denied — the court found Bright Data failed to show irreparable harm/inadequacy of money damages (E.D. Tex. opinion).
- Stayed sua sponte on Feb. 28, 2023 (ECF No. 636) pending final resolution of the instituted IPRs and ex parte reexaminations covering the asserted patents, including IPR2021-01493, IPR2022-00138 and IPR2022-00916 as to the '510.
- After the Federal Circuit's Aug. 1, 2025 affirmance invalidating the '510 (and '319) claims, Oxylabs' public litigation timeline states the jury verdict "cannot stand" and that Oxylabs expects dismissal with prejudice if all asserted claims are invalidated. Recent docket entries (per Oxylabs' timeline) show the case has been alternately stayed and unstayed in late 2025/early 2026; as of my searches, the district court case has not been finally dismissed.
Sources: Jury verdict form, Feb. 28, 2023 stay order, Bright Data press release, Oxylabs legal timeline, Studicata summary of injunction ruling.
2. Bright Data Ltd. v. NetNut Ltd.
| Item | Detail |
|---|---|
| Plaintiff | Bright Data Ltd. (f/k/a Luminati Networks Ltd.) |
| Defendant | NetNut Ltd. |
| Jurisdiction | E.D. Tex. |
| Case No. | 2:21-cv-00225 |
| Filed | 2021 (exact filing date not confirmed in my searches) |
| '510 role | The '510 patent was asserted, together with the '319 patent |
Bright Data's Federal Circuit briefing states: "The '319 and '510 Patents have been asserted in district court litigation, including … Bright Data Ltd. f/k/a Luminati Networks Ltd. v. NetNut Ltd, No. 2:21-cv-225 (E.D. Tex.) (the 'NetNut Litigation')." The same brief notes the district court in that case "expressly rejected purely role-based constructions." I could not confirm the final outcome or current status of this docket from the sources I retrieved. NetNut also filed IPR2021-01492 (against the '319) and IPR2021-01493 (against the '510).
3. Related E.D. Tex. family cases listed on the patent's docket page
The Google Patents litigation record for the '510 family lists additional E.D. Tex. suits: 2:19-cv-00397, 2:19-cv-00414, 2:21-cv-00434 (plus 2:19-cv-00395 and 2:21-cv-00225 above). From other filings I can identify:
- 2:19-cv-00414 — Bright Data Ltd. v. Tefincom S.A. (E.D. Tex.), referenced in Oxylabs' Dec. 1, 2021 motion as "Bright Data v. Tefincom, 2:19-cv-00414-JRG."
- 2:19-cv-00396 — Bright Data Ltd. v. Code200, UAB, et al. (E.D. Tex.), which asserted U.S. 10,484,511 and 10,637,968 — not the '510.
Caveat: The Google Patents "litigation" links are family-level and do not establish that the '510 patent itself was asserted in each of those dockets. I could not confirm '510-specific assertion for 2:19-cv-00397, 2:19-cv-00414, or 2:21-cv-00434.
4. Mirror-image case brought against Bright Data (does not assert the '510)
- Metacluster LT, UAB v. Bright Data Ltd., No. 2:22-cv-00011 (E.D. Tex.), filed Jan. 7, 2022 by Oxylabs-affiliated Metacluster against Bright Data. This asserts Oxylabs' patents (e.g., the '948 family), not the '510. It is same-party litigation, listed here only for completeness.
Excluded (pre-issuance)
- Luminati Networks Ltd. v. UAB Tesonet, No. 2:18-cv-299 (E.D. Tex.) (closed) and Luminati Networks Ltd. v. BI Science (2009) Ltd., No. 2:18-cv-00483 (E.D. Tex.) (settled; satisfaction of judgment filed Apr. 25, 2024) predate the '510's Nov. 2019 issuance and do not involve the '510.
B. PTAB — Inter Partes Reviews of the '510 Patent
These are adversarial validity proceedings directed at the '510 itself. Per the Google Patents record and PTAB filings:
| Proceeding | Petitioner | Status / Outcome |
|---|---|---|
| IPR2020-01358 | Code200, UAB et al. (Osylabs/Teso-related) v. Luminati Networks Ltd. | Filed July 28, 2020; Not instituted (procedural; institution decision Feb. 2, 2021) |
| IPR2021-01493 | NetNut Ltd. v. Bright Data Ltd. | Final Written Decision Sept. 22, 2023 — challenged '510 claims held unpatentable |
| IPR2022-00138 | Code200, UAB; Teso LT, UAB; Metacluster LT, UAB; Oxysales, UAB v. Bright Data Ltd. | Final Written Decision May 9, 2023 (Paper 36, entered June 27, 2023 in related '344 docket; claims 1–12 and 15–24 of the '510 held unpatentable) |
| IPR2022-00916 | Major Data UAB v. Bright Data Ltd. | Filed Apr. 21, 2022; instituted Sept. 15, 2022; Final Written Decision Sept. 13, 2023 |
| IPR2022-01110 | Code200, UAB v. Bright Data Ltd. | Not instituted (procedural) |
| IPR2023-00039 | — | Procedural termination |
Sources: Google Patents US10484510 record; Patexia IPR2022-00916; Patexia IPR2022-00862; GreyB IPR2020-01358; IPR2022-00138 FWD excerpt.
C. Ex Parte Reexamination of the '510
- Control No. 90/014,876 — third-party request filed Oct. 5, 2021; reexamination ordered/instituted; First Office Action (mailed Mar. 23, 2022) rejected claims 1–2, 6–11, 13 and 15–24. The proceeding was stayed pending IPR2021-01493. (Examiner: William H. Wood; Art Unit 3992.) Source: PTOL-466 Office Action.
D. Federal Circuit — Consolidated Appeals
- Caption: Bright Data Ltd. v. Code200, UAB, Teso LT, UAB, Metacluster LT, UAB, Oxysales, UAB, The Data Company Technologies Inc., Major Data UAB, Coretech LT, UAB
- Case Nos. (consolidated): 2023-2144, -2145, -2146, -2147, -2414, -2415, -2442, and -2443 (the '510 patent appears in appeal No. 2023-2415, from IPR2022-00916, and in other members of the consolidated set).
- Judgment: August 1, 2025 — the Federal Circuit affirmed the PTAB, holding the challenged claims of the '510 patent (and of the '319, '342 and '344 patents) unpatentable, adopting the Board's role-based constructions of "client device" ("a communication device that is operating in the role of a client") and "second server" ("a server that is not the client device"), and finding no nexus for Bright Data's secondary-considerations evidence.
- Bright Data's combined petition for panel rehearing / rehearing en banc was filed Aug. 29, 2025 and rejected (no en banc rehearing); the invalidity thus stands.
Sources: Federal Circuit opinion (via Supreme Court petition appendix); Federal Circuit opinion / rehearing petition; Oxylabs announcement.
E. Supreme Court
- Bright Data Ltd. v. Code200, UAB, No. 25-779 (U.S.). Petition for certiorari filed December 30, 2025 (docketed), challenging the Federal Circuit's claim-construction/prosecution-disclaimer holding.
- Certiorari denied February 23, 2026 — review refused; the Federal Circuit's invalidation of the '510 (and '319) claims is now final. Sources: SCOTUS petition (Dec. 30, 2025); Oxylabs timeline; IIPLA report on denial.
Summary of the '510 Patent's Litigation Arc
The '510 patent was litigated as part of Bright Data's residential-proxy patent portfolio against Oxylabs and NetNut. It was asserted in Bright Data v. Teso LT, UAB (Oxylabs), No. 2:19-cv-00395 (E.D. Tex., filed Dec. 6, 2019) — where a jury found it valid, infringed and willfully infringed and awarded $7.47M in lost profits on Nov. 5, 2021 — and in Bright Data v. NetNut Ltd., No. 2:21-cv-00225 (E.D. Tex.). In parallel, four IPRs reached final written decisions (IPR2021-01493, IPR2022-00138, IPR2022-00916, and the earlier IPR2020-01358/01110 non-institutions) and an ex parte reexamination (90/014,876) challenged the '510. The Federal Circuit affirmed the PTAB's invalidation of the '510 on Aug. 1, 2025, and the Supreme Court denied certiorari on Feb. 23, 2026, making the patent's asserted claims finally unpatentable.
Limitations on this answer: I could not independently verify the current docket status of the NetNut case (2:21-cv-00225), the exact filing dates for IPR2021-01493 and IPR2022-00138, or whether the '510 was asserted in 2:19-cv-00397, 2:19-cv-00414, or 2:21-cv-00434. Those points should be confirmed against PACER/PTAB dockets before being relied upon.
Generated 10/1/2026, 4:54:44 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Bright Data Ltd. (f/k/a Luminati Networks Ltd.)
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll start by searching for the PTAB proceedings Google Patents lists for this patent, since the ODP block reports none.
Now let me dig into the remaining proceedings and the appellate history.
Proceedings overview
Source discrepancy up front: the structured ODP block in this prompt reports no AIA trial proceedings on US 10,484,510, but the patent's own Google Patents record lists seven PTAB case numbers for the '510 patent, and five of them are corroborated by FWD texts, Board institution decisions, and the Federal Circuit's consolidated opinion. I am reporting the seven, flagging the two I could only partially verify, and recommending the ODP gap be re-run against PTAB E2E. Count: 7 AIA trial numbers — 3 substantive Final Written Decisions (plus 1 joined/terminated case riding on one of them) holding every challenged claim unpatentable, 1 institution denied, 2 procedural dead-ends, 0 active, 0 settled. Bottom line for a defendant: all 24 claims are subject to a judgment of unpatentability — claims 1–2, 6–11, 13, and 15–24 in IPR2021-01493 and claims 1–12 and 15–24 in IPR2022-00138 — and the Federal Circuit affirmed on 2025-08-01. If a demand letter cites any claim of the '510, it is citing claims that have been held unpatentable and whose cancellation the PTO is obligated to effect. The only wrinkle is that the judgment is on Supreme Court review (No. 25-779), so the invalidation is not yet beyond collateral attack.
One attribution caveat before the details: Google Patents renders the petitioner for each of these as "Unified Patents PTAB Data." That is the data-source license attribution, not a party. Unified Patents is not the petitioner in any of these; the real petitioners are NetNut Ltd., the Code200/Teso/Metacluster/Oxysales/Coretech group, The Data Company Technologies Inc. ("Nimble"), and Major Data UAB.
IPR2021-01493 — NetNut Ltd. v. Bright Data Ltd.
- Type: Inter Partes Review
- Filed: 2021-09-03
- Status: Final Written Decision (Docket Alarm/Patexia: "Final Written Decision — Appealed"). Reported outcome: Unpatentable.
- Judge panel: Thomas L. Giannetti, Sheila F. McShane, Russell E. Cass. Opinion authored by Judge McShane.
- Petition grounds: Challenged claims 1, 2, 6–11, 13, and 15–24. Instituted ground included § 102(b) anticipation by Reiter, "Crowds: Anonymity for Web Transactions," ACM Trans. Info. & Sys. Security, Vol. 1, No. 1 (Nov. 1998) — the FWD's institution table shows claims 1, 6, 7, 13, 15, 16, 18–24 on that basis, with the remaining claims carried on further grounds addressed in the decision. Claim 1 is the only independent claim in the '510 patent.
- Institution decision: Instituted 2022-03-21 (Paper 11), on all challenged claims and all asserted grounds: "we determine that Petitioner has established a reasonable likelihood that it would prevail with respect to at least one claim. We therefore institute inter partes review as to all of the challenged claims… and all of the asserted grounds."
- Final Written Decision (2023-09-22): "We determine that Petitioner has shown by a preponderance of the evidence that challenged claims 1, 2, 6–11, 13, and 15–24 … are unpatentable." The judgment paragraph: "ORDERED that claims 1, 2, 6–11, 13, and 15–24 of U.S. Patent No. [10,484,510 B2] have been shown to be unpatentable." No claim survived. Note the decision was entered under seal ("NON-PUBLIC VERSION — PROTECTIVE ORDER MATERIAL") with a granted motion to seal (Paper 32) and a public version issued (Banner Witcoff copy: PDF). Two variants exist for "claims 1, 2, 6–11" vs. the appended judgment citing "11,044,510" — the latter is a typo in the appendix; the proceeding number and FWD text govern.
- Settlement / termination: None. Contested through FWD.
- Appeal: CAFC No. 2023-2443 (Notice of Appeal 2023-07-07), consolidated with Nos. 2023-2144, -2145, -2146, -2147, -2414, -2415, -2442. Decided 2025-08-01, affirmed (Hughes, Cunningham, Stark, JJ.; opinion by Stark, J.): "We disagree and affirm the Board." (CourtListener)
- Defensive value: Claim 1 is dead, and every dependent claim in this challenge fell with it. Any infringement theory built on claims 1, 2, 6–11, 13, or 15–24 rests on claims adjudicated unpatentable and affirmed on appeal — that is Rule 11 exposure in a way that a mere merits dispute is not. Note the panel construed the key terms role-based ("client device" = "a communication device that is operating in the role of a client"), which is narrower than Bright Data's hardware-based proposal — so the FWD is not a "broad construction killed it" story the patent owner can distinguish away.
IPR2022-00138 — The Data Company Technologies Inc. v. Bright Data Ltd.
- Type: Inter Partes Review
- Filed: 2021-11-04
- Status: Final Written Decision — Appealed.
- Judge panel: Thomas L. Giannetti, Sheila F. McShane, Russell E. Cass (per Docket Alarm docket sheet; FWD caption lists the same three).
- Petition grounds: Claims 1–12 and 15–24. Instituted grounds (2022-05-11 institution decision):
- claims 1, 10, 12, 15–23 — § 102(b) over Plamondon (U.S. Pat. Pub. US 2008/0228938 A1, pub. 2008-09-18);
- claim 24 — § 103(a) over Plamondon;
- claims 8, 11 — § 103(a) Plamondon + RFC 2616;
- claims 8, 9 — § 103(a) Plamondon + RFC 1122;
- claim 2 — § 103(a) Plamondon + IEEE 802.11-2007;
- claims 2–5 — § 103(a) Plamondon + Price;
- claims 6, 7 — § 103(a) Plamondon + Kozat.
Pre-AIA §§ 102/103 applied (the '510 patent claims pre-2013 priority).
- Institution decision: Instituted 2022-05-11 as to all challenged claims and all asserted grounds ("reasonable likelihood that at least one claim … would have been anticipated or obvious").
- Final Written Decision (2023-05-09): "We determine that Petitioner has shown by a preponderance of the evidence that challenged claims 1–12 and 15–24 … are unpatentable." All challenged claims unpatentable. Public version: PDF.
- Settlement / termination: None.
- Appeal: CAFC No. 2023-2146; consolidated; affirmed 2025-08-01.
- Petitioner counsel note: Wolf Greenfield acted for Nimble (The Data Company Technologies), and publicly stated it "successfully argued that all challenged claims are unpatentable over the prior art. The patent owner, Bright Data Ltd., has appealed." Petition also identified Avantis Team Technologies Ltd. and Cytronix Ltd. as potential real parties in interest, "without conceding." That matters for § 315(e)(2) privity analysis.
- Defensive value: This is the proceeding that covers the gap claims — 3, 4, 5, and 12 — that IPR2021-01493 and IPR2022-00916 did not reach. Between the two, every claim from 1 through 13 is covered by a judgment of unpatentability. If a plaintiff asserts claim 5 or claim 12, this is your FWD.
IPR2022-00916 — Major Data UAB v. Bright Data Ltd.
- Type: Inter Partes Review
- Filed: 2022-04-21
- Status: Final Written Decision — Appealed.
- Judge panel: Kevin C. Trock, Thomas L. Giannetti, Sheila F. McShane. Opinion authored by Judge Trock.
- Petition grounds: Claims 1, 2, 6–11, 13, and 15–24 — the same claim set as IPR2021-01493. Caveat: I could not retrieve the IPR2022-00916 FWD text itself, so I am not quoting its grounds or its disposition language. The claim set is from the Patexia docket summary.
- Institution decision: Instituted 2022-09-15 (per Patexia).
- Final Written Decision (2023-09-13): reported as all challenged claims unpatentable. I am inferring the all-claims outcome from (a) Bright Data appealing this FWD as No. 2023-2415, and (b) the Federal Circuit's 2025-08-01 opinion, which describes the Board's ten IPRs (expressly including IPR2022-00916) as "finding the challenged claims of four of its patents unpatentable" and affirms. Treat the claim-level quote as unverified until you pull the FWD from PTAB E2E.
- Settlement / termination: None identified.
- Appeal: CAFC No. 2023-2415; consolidated; affirmed 2025-08-01.
- Defensive value: A second, independent petitioner reached the same claim set with a different panel composition — useful because it undercuts any argument that IPR2021-01493 was a panel-specific or art-specific fluke. Confirm the grounds before relying on it: if Major Data's art differs from Crowds, it gives a defendant a second, non-estoppel-barred roadmap.
IPR2022-00862 — Code200, UAB, Teso LT, UAB, Metacluster LT, UAB, Oxysales, UAB & Coretech LT, UAB v. Bright Data Ltd.
- Type: Inter Partes Review (with motion for joinder)
- Filed: 2022-04-18
- Status: Final Written Decision (per Google Patents and the Docket Alarm judgment entry) — as a practical matter, terminated because joined.
- Judge panel: Same panel as IPR2021-01493 (Giannetti, McShane, Cass).
- Petition grounds: Claims 1, 2, 6–11, 13, and 15–24, supported by the Declaration of Keith J. Teruya; instituted ground § 102(b) over Crowds for claims 1, 6, 7, 13, 15, 16, 18–24 (plus further grounds in the decision).
- Institution decision — the notable procedural history: The Board denied institution on 2022-07-25 under the General Plastic follow-on-petition factors (Paper 17), and denied joinder to IPR2021-01493. The Director then reviewed the denial sua sponte, vacated it, and remanded (Paper 18). On remand, the Board instituted and granted joinder to IPR2021-01493 (Paper 24). The FWD in IPR2021-01493 recites this chain, and the Federal Circuit confirmed it: "IPR2022-00862 [was] joined to IPR2021-01493 … and then terminated."
- Final Written Decision: A judgment reflecting the joined outcome (Docket Alarm Paper 27: "JUDGMENT Final Written Decision Determining All Challenged Claims Unpatentable"). The substance lives in the IPR2021-01493 FWD; do not cite IPR2022-00862 as an independent merits decision.
- Settlement / termination: Terminated following joinder.
- Appeal: Rolled into the consolidated appeal; listed among the ten IPRs in the Federal Circuit's 2025-08-01 opinion. (Google Patents shows both Nos. 23-2442 and 23-2443 on this record; I could not confirm which of the two corresponds to the 862 joinder.)
- Defensive value: Estoppel-relevant. The Code200 group and its named entities are estopped under § 315(e)(2) as to claims 1, 2, 6–11, 13, 15–24 on any ground raised or reasonably raisable. The General Plastic → Director review → joinder sequence is also worth knowing if you are weighing a follow-on petition: this panel was overruled on the discretionary denial, which signals the Director's posture toward serial challenges to this family.
IPR2020-01358 — {Petitioner not confirmed} v. Bright Data Ltd.
- Type: Inter Partes Review
- Filed: 2020 (exact date not retrieved)
- Status: "Not Instituted — Procedural" (per the Google Patents litigation block). Confirmed in substance by the IPR2021-01493 institution decision: "The '510 patent was previously before the Board in IPR2020-01358, where institution was denied." The parallel '319 patent was in IPR2020-01266, also denied.
- Judge panel / grounds / FWD / appeal: Not retrieved. No FWD exists, so no claim-level outcome.
- Defensive value: Shows the family drew earlier, unsuccessful challenges — but a denial under § 314(a) (likely Fintiv-type or insufficient showing) carries no claim-level weight. Estoppel does not attach to a non-instituted petition. If you want a roadmap, look at the Crowds (IPR2021-01493) and Plamondon (IPR2022-00138) theories, which worked.
IPR2022-01110 — {Petitioner not confirmed} v. Bright Data Ltd.
- Type: Inter Partes Review
- Filed: 2022 (not retrieved)
- Status: "Not Instituted — Procedural" (Google Patents litigation block only).
- Judge panel / grounds / FWD / appeal: Not retrieved. I could not verify anything about this case beyond the Google Patents listing. Do not rely on this entry without pulling the docket from PTAB E2E. Given the numbering and the 00862/00916 filings, the most likely explanation is another follow-on petition disposed of procedurally (discretionary denial or General Plastic), but that is an inference, not a verified fact.
- Defensive value: None established.
IPR2023-00039 — {Petitioner not confirmed} v. Bright Data Ltd.
- Type: Inter Partes Review
- Filed: 2023 (not retrieved)
- Status: "Procedural Termination" (Google Patents litigation block only).
- Judge panel / grounds / FWD / appeal: Not retrieved. Unverified beyond the listing. A "procedural termination" usually means settlement, joint dismissal, or a request-for-adverse-judgment/abandonment posture — all of which are materially different for estoppel purposes, so get the paper before relying on it.
- Defensive value: Unknown. If it was a settlement termination, note that a pre-institution settlement produces no estoppel and no claim-level ruling.
Strategic summary
Claim status. The '510 patent has 24 claims and exactly one independent claim (claim 1). IPR2021-01493 (and, on the same claim set, IPR2022-00916) held claims 1, 2, 6–11, 13, and 15–24 unpatentable. IPR2022-00138 held claims 1–12 and 15–24 unpatentable. Union: claims 1–13 and 15–24 are subject to an unpatentability judgment. Claim 14 was not challenged in any proceeding — but as a dependent claim of a canceled claim 1 (there are no other independent claims), it cannot survive independently; it falls with claim 1. There are no sustained claims. Nothing in the record before me shows the Board upholding any claim of the '510, and Bright Data lost across all ten IPRs in the consolidated appeal. That is the strongest possible defensive posture short of a final, non-reviewable cancellation.
Estoppel landscape. § 315(e)(2) bars the petitioners — and their privies and real parties in interest — from raising in district court "any ground that the petitioner raised or reasonably could have raised" against the claims that went to FWD. Those are: NetNut Ltd. (IPR2021-01493); The Data Company Technologies Inc./Nimble, with Avantis Team Technologies Ltd. and Cytronix Ltd. named as potential RPIs "without conceding" (IPR2022-00138); the Code200/Teso/Metacluster/Oxysales/Coretech group (IPR2022-00862, joined); and Major Data UAB (IPR2022-00916). The prior art these four were required to raise is largely spent for them: Crowds (Reiter 1998), Plamondon (US 2008/0228938), RFC 2616, RFC 1122, IEEE 802.11-2007, Price, Kozat. For a new defendant facing first-time assertion of the '510, no § 315 estoppel applies to you — but that is a hollow advantage, because the practical question is not which art you can raise; it is that the claims you are accused of infringing have already been adjudicated invalid and the Federal Circuit affirmed. Your defensive posture should be built on the judgment and on § 282/§ 315(e)(1)-style collateral effects, not on re-litigating validity. Two non-AIA tracks remain worth checking: ex parte reexamination Control No. 90/014,876 was ordered for the '510 patent and then stayed pending the IPRs (90/014,875 covers the '319 patent) — and the family also saw PGR2022-00052 (Metacluster LT) and a PGR2022-00661 matter. I could not confirm the PGRs are directed at the '510 specifically; they appear in a list covering the '342, '319, '510, and '344 patents collectively.
Pattern signals. Four independent petitioner groups hit this family — a security/proxy competitor (NetNut), a Lithuanian group (Code200, Teso, Metacluster, Oxysales, Coretech), a US data-pipeline company (Nimble/The Data Company Technologies), and Major Data UAB — and all four won on the '510. The family also drove litigation in E.D. Tex. (Luminati v. Teso, No. 2:19-cv-395; Luminati v. BI Science, No. 2:19-cv-397; Luminati v. Tefincom, No. 2:19-cv-414; Bright Data v. NetNut, No. 2:21-cv-225) and a complex chain of assignments (Web Spark Ltd. → Luminati Networks Ltd. → Bright Data Ltd., via a 2021-03-31 name change). No defensive aggregator is in the chain — the "Unified Patents" text on Google Patents is a data-license attribution, not a petitioner or funder. Bright Data has pursued the appeals aggressively and to the end: eight consolidated Federal Circuit appeals (Nos. 2023-2144, -2145, -2146, -2147, -2414, -2415, -2442, -2443), a petition for panel rehearing/rehearing en banc after the 2025-08-01 affirmance arguing that its own IPR statements were binding prosecution disclaimers, and a cert petition at the Supreme Court, No. 25-779, Bright Data Ltd. v. Code200, UAB (docket filing retrieved dated 2025-12-30), presenting the question of "what latitude do courts have to broaden claim scope through de novo claim construction to recapture subject matter the patentee had previously surrendered through prosecution disclaimer?" That is a live, non-frivolous Supreme Court issue, and it is the single reason the invalidation is not yet fully final.
Recommended next steps
- Pull the primary documents before you rely on anything. The two authoritative records are PTAB E2E (dockets, institution decisions, FWDs) and the Federal Circuit's opinion. Link to cite:
- CAFC opinion, 2025-08-01 — Bright Data Ltd. v. Code200, UAB, Nos. 2023-2144 et al.: CourtListener | Justia. Disposition: "We disagree and affirm the Board." Nonprecedential.
- IPR2021-01493 FWD (2023-09-22): public version PDF. Disposition: "ORDERED that claims 1, 2, 6–11, 13, and 15–24 of U.S. Patent No. [10,484,510 B2] have been shown to be unpatentable."
- IPR2022-00138 FWD (2023-05-09): public version PDF. Disposition: "challenged claims 1–12 and 15–24 … are unpatentable."
- If you are a defendant and the demand letter cites the '510: quote the IPR2021-01493 judgment and the 2025-08-01 affirmance back. Claims 1–2, 6–11, 13, 15–24 were adjudicated unpatentable; claims 3–5 and 12 were adjudicated unpatentable in IPR2022-00138; claim 14 depends from the canceled claim 1. Also check the assignment/marking history (Bright Data publishes a patent-marking page listing the '510) — assertion of a patent whose claims have been adjudicated invalid can support fees under 35 U.S.C. § 285.
- No AIA trial is active on the '510, so there are no institution-deadline / oral-hearing / FWD milestones to calendar. The live milestones are appellate: the Supreme Court cert petition in No. 25-779 (check the SCOTUS docket for the current posture — CVSG, denial, or grant) and the PTO's issuance of certificates of cancellation following the Federal Circuit's affirmance. Confirm whether cancellation certificates have issued; once they have, the '510 claims are gone as a matter of administrative finality and no defendant needs to litigate validity at all.
- Verify the ODP gap. The ODP ingest returning zero AIA trials for a patent with seven PTAB case numbers and eight Federal Circuit appeals is a data problem, not a fact. Re-query ODP, and if it still returns empty, escalate it — anyone relying on that feed for this patent family would materially mis-assess the portfolio.
- Two items I could not verify and would not cite without pulling the documents: the Judge panel, grounds, and disposition of IPR2022-01110 and IPR2023-00039, and the petitioner of IPR2020-01358. Treat all three as "listed, unverified."
Generated 10/1/2026, 4:55:15 PM
Ownership chain (3)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2019-02-17 · Assignment
? · recorded 2019-12-05 · Assignment
Web Spark Ltd.Luminati Networks Ltd.
internal reorg
? · recorded 2021-03-31 · Change of Name
Luminati Networks Ltd.Bright Data Ltd.
change of name only
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research this patent's assignment chain, litigation history, and NPE signals using multiple sources.
Let me dig into the assignment records and the corporate history of the entities involved.
Let me pin down the specific assignment reel/frame records and the litigation/PTAB outcomes.
Assignment & Ownership Analysis — US 10,484,510 B2
Patent: System providing faster and more efficient data communication
App. No.: 16/278,107 — filed 2019‑02‑17 — issued 2019‑11‑19
Priority: U.S. provisional 61/249,624, filed 2009‑10‑08
Family: Continuation of 15/957,945 → 14/025,109 (U.S. 10,069,936) → 12/836,059 (U.S. 8,560,604); large continuation family incl. U.S. 10,257,319, 10,484,511, 11,044,344, 11,381,119, 11,857,187, etc.
Source/limitation note: I was able to reconstruct the chain from Google Patents legal events, PTAB records, and press/SEC-adjacent coverage, but I could not retrieve the USPTO Assignment Center reel/frame numbers, execution dates, or the correspondent of record with the tools available. Those fields are called out as [not verified] below rather than guessed. Verify directly at https://assignmentcenter.uspto.gov/ (search patent 10484510) and the Google Patents legal‑events tab: https://patents.google.com/patent/[US10484510B2](/patent/US10484510B2)/en
Inventors
| Inventor | Residence on face | Role / employer at filing |
|---|---|---|
| Derry Shribman | Tel Aviv, IL | Co‑founder & CTO of the Hola VPN / Luminati proxy business (the commercial embodiment of the claimed client/peer/agent network). Prior employers incl. Check Point and Cisco; co‑founder of Jungo (acquired by NDS/Cisco). |
| Ofer Vilenski | Moshav Hadar Am, IL | Co‑founder & CEO of Hola / Luminati (later CEO of Luminati under EMK Capital). Co‑founder of Jungo with Shribman. |
Pattern note: Both named inventors remained with the enterprise through the 2017 EMK Capital acquisition and the 2019–2021 corporate steps; neither is recorded as departing within 12 months of filing. There is no inventor‑exodus signal. The inventors are the principals of the original assignee, which is typical of a founder‑built operating startup rather than a farmed‑out portfolio.
Original assignee
Web Spark Ltd. (listed as original assignee on the face of the issued patent; current assignee of record is Bright Data Ltd per Google Patents).
- Business: Patent‑holding / applicant entity for the Hola VPN ↔ Luminati peer‑to‑peer proxy technology — i.e., a genuine operating product. The claimed subject matter (client → acceleration server → agents → peers, chunked by checksum) is the architecture of the Luminati residential‑proxy / data‑collection network, commercially sold by Luminati Networks Ltd (and later Bright Data Ltd) to enterprise customers.
- Product embodying the claims: Yes — Hola VPN (launched
2012–2013) and the Luminati proxy network (2014) are the commercial embodiment. The Luminati/Bright Data business today reports **$300M revenue, 20,000+ customers** and a 400M+ IP proxy network. - Current status: Web Spark Ltd is not a going concern in the market today; its patent holdings were consolidated into Luminati Networks Ltd (recorded 2019‑12‑05), which changed its name to Bright Data Ltd. (recorded 2021‑03‑31). Bright Data Ltd is operating and, since 2017, majority‑owned by EMK Capital LLP (London PE), which acquired control for a reported ~$200M in August 2017.
Assignment timeline
Records below are from Google Patents legal events. Conveyance types are stated as recorded; execution dates, reel/frame numbers, and correspondent of record are [not verified] in the sources reviewed.
2019‑02‑17 (filing date; execution date [not verified]) / recorded 2019‑02‑17 [not verified] — Reel [not verified]
- Conveyance: Assignment (ASSIGNMENT OF ASSIGNOR'S INTEREST)
- Assignor: Derry Shribman; Ofer Vilenski (inventors)
- Assignee: Web Spark Ltd.
- Correspondent: [not verified] — cannot confirm attorney/firm from available sources.
- Context: Inventor‑to‑company confirmation assignment executed at the filing of this continuation (chain‑of‑title hygiene for the family), not a sale.
2019‑12‑05 (recorded) / execution date [not verified] — Reel [not verified]
- Conveyance: Assignment (ASSIGNMENT OF ASSIGNOR'S INTEREST)
- Assignor: Web Spark Ltd.
- Assignee: Luminati Networks Ltd.
- Correspondent: [not verified] — same gap as above. (Litigation counsel of record for this family is Cherian LLP and Capshaw DeRieux LLP; these are litigation, not recordation, correspondents and should not be conflated.)
- Context: Intra‑group transfer consolidating the patent into the operating/asserting entity (Luminati) — recorded the day before Luminati's 2019‑12‑06 complaints against Oxylabs (E.D. Tex. 2:19‑cv‑395/396).
2021‑03‑31 (recorded) / execution date [not verified] — Reel [not verified]
- Conveyance: Change of Name
- Assignor: Luminati Networks Ltd.
- Assignee: Bright Data Ltd.
- Correspondent: [not verified]
- Context: Change of name only — corporate rebrand of the same legal entity (Luminati → Bright Data, March 2021). No change in beneficial ownership; EMK Capital remains majority holder.
(For the record: this is a documented chain, not a case of "no records." Three recordation events exist.)
Timeline diagram
timeline
title Ownership of US 10484510
2009 : Priority provisional filed
2019 : Continuation filed
: Inventors assign to Web Spark Ltd
: Patent issued November
: Web Spark Ltd transfers to Luminati
2021 : Luminati renamed Bright Data Ltd
2023 : PTAB invalidates claims in NetNut IPR
NPE / troll‑pattern signals
1. Shell‑entity transfer — NOT PRESENT.
All three assignees are the same commercial enterprise at different stages: Web Spark Ltd → Luminati Networks Ltd → Bright Data Ltd. The final step is expressly recorded as a CHANGE OF NAME (2021‑03‑31), and the 2019‑12‑05 step is an intra‑group consolidation into the operating entity, not a transfer to a licensing‑only vehicle. No "IP/Holdings/Ventures" suffix, no registered‑agent‑service address, and each entity is tied to a real product (Hola/Luminati/Bright Data proxy network). A shell finding requires more than a similar name — and here the operating substance is documented.
2. Known asserter in the chain — NOT PRESENT.
Neither Web Spark Ltd, Luminati Networks Ltd, nor Bright Data Ltd appears on the classic NPE lists (Acacia, Marathon, IV, IPNav, Wi‑LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Erich Spangenberg entities). Caveat for completeness: Bright Data is a high‑volume plaintiff tracked by Unified Patents and RPX — but as an operating company suing competitors, which is the "operating‑company assertion" posture, not the NPE posture. It has asserted this family against Teso/Oxylabs, NetNut, Tefincom (NordVPN), and BI Science.
3. Repeat correspondent across the chain — UNCLEAR / [not verified].
I could not retrieve the correspondent of record for any of the three recordings, so the "same lawyer runs the shells" test cannot be run. This is a data gap, not a negative finding. Recommend pulling correspondents from Assignment Center for all three reels; if the same attorney recurs here and on unrelated shell LLCs, that would elevate the signal — but on the present record the entities are affiliates, so recurrence would be expected and unremarkable.
4. Cascading transfers — NOT PRESENT (as an NPE pattern).
Two recordation steps over ~19 months (2019‑12‑05 and 2021‑03‑31), but neither is a transfer through an anonymous chained LLC; one is a documented intra‑group transfer and the other a name change. Chained‑LLC cascading is not evidenced.
5. Pre‑litigation transfer — PRESENT (in form), with an important caveat.
The Web Spark → Luminati assignment was recorded 2019‑12‑05, and Luminati filed its Oxylabs complaints (E.D. Tex. 2:19‑cv‑395/396) around 2019‑12‑06 — i.e., the patent was moved into the asserting entity essentially on the eve of suit. Caveat: the transferee is an affiliate of the transferor, not an unrelated NPE, so this is best characterized as a standing/venue‑cleanup step, not a classic shell‑NPE pre‑litigation flip.
6. Bankruptcy fire‑sale — NOT PRESENT.
No Chapter 7/11 proceeding. The business was sold as a going concern: EMK Capital acquired control in August 2017 (~$200M), with founders retaining a significant stake. Not a distressed asset sale.
7. Privateering — NOT PRESENT / no evidence.
There is no documented transfer to a third‑party NPE asserting on the operating company's behalf. The patent stays inside the Bright Data corporate family, which asserts it directly. (Adjacent antitrust accusations exist — Oxylabs asserted sham‑litigation/antitrust counterclaims against Luminati and its investor EMK — but that is an allegation in a pleading, not evidence of an assignment‑chain privateering structure.)
8. Defensive aggregator (anti‑NPE) — NOT PRESENT.
The chain terminates at Bright Data Ltd, an active plaintiff, not at RPX, AST, LOT Network, Unified Patents, or OIN. Inverse signal: the patent has not been neutralized by a defensive aggregator — though note that PTAB has separately invalidated the challenged claims in IPR2021‑01493 (NetNut v. Bright Data; FWD holding claims 1, 2, 6‑11, 13, 15‑24 unpatentable), and related IPRs/reexams followed (IPR2020‑01358 denied institution; IPR2022‑00138, IPR2022‑00862, IPR2022‑00916; reexam 90/014,876 stayed).
Verdict
Operating‑company assertion.
The chain is a straightforward single‑enterprise succession — Web Spark Ltd (2019‑02‑17 inventor assignment and original assignee) → Luminati Networks Ltd (assignment recorded 2019‑12‑05) → Bright Data Ltd (change of name recorded 2021‑03‑31) — with no shell‑LLC hop, no known NPE in the chain, and no defensive‑aggregator terminus. The current owner, Bright Data Ltd, is a genuine operating company (EMK Capital‑backed; ~$300M revenue; proxy/scraping products that embody the claimed client/agent/peer architecture) that has sued actual competitors — Teso/Oxylabs (2:19‑cv‑395/396), NetNut (2:21‑cv‑225), Tefincom/NordVPN (2:19‑cv‑414), and BI Science (2:19‑cv‑397) — which is the operating‑company‑assertion profile rather than an NPE one. The only NPE‑adjacent tick is the timing of the 2019‑12‑05 transfer relative to the December 2019 complaints, and because the transferee is an affiliate of the transferor, it does not convert this into an NPE chain. The main open item is the [not verified] reel/frame and correspondent data; if the Assignment Center correspondents show a licensing‑shop attorney rather than in‑house/operating counsel, revisit — but nothing in the current record supports an NPE call.
Verify at: https://assignmentcenter.uspto.gov/ (patent 10484510) · https://patents.google.com/patent/US10484510B2/en (legal events)
Generated 10/1/2026, 4:55:03 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research the prior-art citations for US 10,484,510 specifically. Let me run several targeted searches.
Let me pull the front page and citation data for this specific patent.
Let me look for the patent's front page listing cited references and the IPR exhibit copies.
Prior Art for U.S. Patent No. 10,484,510 — Analysis
Methodological note and a necessary caveat
I was asked to pull "each patent citation" for the '510 from the USPTO database. Two transparency points before the substance:
I do not have direct credentialed USPTO database access in this environment (no PatentCenter/PTAB-E2E/ODP query interface). I worked from the authoritative full text you supplied, Google Patents, and reproduced PTAB/Federal Circuit records. The face-of-patent "References Cited" block (the (56) list) is not present in the text you supplied — the provided document ends mid-specification and omits the front page — and my searches did not return the verbatim (56) list for US 10,484,510 specifically. I therefore will not fabricate that list. Instead I give you (A) the prior art that was actually applied against the '510 and adjudicated, and (B) the patent-document references I could confirm are Cited on the family's front pages, labeled as such.
The genuinely "most relevant prior art" for this patent is not the examiner's (56) citations (this was a continuation that issued quickly) — it is the art applied by the PTAB, which held the claims unpatentable. That is the operative prior-art set, and it is fully documented.
Claim structure reminder (from the prior sections): the '510 has 24 claims and claim 1 is the only independent claim. So "which claims a reference anticipates" almost always starts and ends with claim 1, with the dependents falling via the additional limitations they add.
A. Prior art applied against the '510 in PTAB proceedings (the operative references)
A.1 — IPR2021-01493 (NetNut Ltd. v. Bright Data Ltd.), FWD 2023-09-22
Three references were asserted as § 102(a)/(b) anticipating references (plus § 103 combinations with RFC 2616):
| # | Full citation | Date | Brief description | § 102 claims read on |
|---|---|---|---|---|
| 1 | Reiter, M.K. & Rubin, A.D., "Crowds: Anonymity for Web Transactions," ACM Transactions on Information and System Security (TISSEC), Vol. 1, No. 1, pp. 66–92 ("Crowds") | Nov. 1998 (published); prior to the 2009-10-08 priority | Anonymity system that relays an HTTP request through a randomized path of proxy nodes called "jondos"; each jondo forwards to the next, and the response is returned along the path. Petitioner mapped the claimed "first client device" to the final jondo, the "second server" to a preceding jondo, and the "first server" to the target web server, with TCP connections between jondos carrying the request/response. | Claims 1, 6, 7, 13, 15, 16, 18–24 (institution table: § 102(b)). FWD found the full challenged set unpatentable. |
| 2 | U.S. Patent No. 6,795,848 B1 (Border et al.) ("Border") | Issued Sept. 21, 2004 (filing date in the 2001 timeframe — exact § 102(e)/filing date not verified in my sources) | Proxy-server system for relieving network latency; discloses an "upstream server" and a "downstream server" joined by a persistent TCP connection ("P-TCP"). Petitioner mapped the claimed "first client device" to Border's upstream server, the "second server" to Border's downstream server, and the "first server" to Border's web server — upstream sends the GET request/web content identifier, receives the content, and forwards it over the P-TCP connection. | Claims 1, 6, 10, 15–20, 23, 24. |
| 3 | Rennhard, M., "MorphMix: A Peer-to-Peer-based System for Anonymous Internet Access" (doctoral thesis, ETH Zürich) ("MorphMix") | 2004; prior art to the 2009 priority | Peer-to-peer anonymous-access system that builds an anonymizing "tunnel" of connected nodes. Petitioner mapped the "first client device" to the last node (c) in the tunnel, the "second server" to an intermediate node (b), and the "first server" to the target server (s); an intermediate node forwards application data containing the content identifier to the final node, which fetches from the server, with the response returned over the established TCP connections. | Claims 1, 6, 7, 8, 13, 15, 16, 18–24. |
Also relied on in IPR2021-01493 as the § 103 completion reference:
| # | Full citation | Date | Description / role |
|---|---|---|---|
| 4 | RFC 2616, "Hypertext Transfer Protocol — HTTP/1.1" (IETF) | June 1999 | Standard HTTP/1.1 protocol definition. Used to supply limitations not directly shown by Crowds/Border/MorphMix (e.g., the HTTP-request content-identifier limitation of claim 16 and keep-alive/periodic-communication features). The FWD specifically found a POSITA would have been motivated to combine Crowds + RFC 2616 to reach claims 1, 2, 6–11, 13, 15, 16, 18–24. |
The FWD's bottom line (public version): "ORDERED that claims 1, 2, 6–11, 13, and 15–24 of U.S. Patent No. [10,484,510 B2] have been shown to be unpatentable."
A.2 — IPR2022-00138 (The Data Company Technologies Inc. v. Bright Data Ltd.), FWD 2023-05-09
This proceeding used a different primary reference and reached the claims IPR2021-01493 did not (notably 3, 4, 5, 12):
| # | Full citation | Date | Brief description | § 102 / § 103 claims read on |
|---|---|---|---|---|
| 5 | U.S. Patent Application Publication No. US 2008/0228938 A1 (Plamondon et al.) ("Plamondon") | Published Sept. 18, 2008; prior art to the 2009-10-08 priority | Distributed content/caching-and-serving system using intermediate devices to fetch and serve content — used as the primary anticipation reference. | Anticipates claims 1, 10, 12, 15–23 (§ 102(b)); claim 24 (§ 103 over Plamondon alone). |
| 6 | RFC 2616 (as above) | June 1999 | HTTP/1.1 | § 103: Plamondon + RFC 2616 → claims 8, 11 |
| 7 | RFC 1122, "Requirements for Internet Hosts — Communication Layers" (IETF) | Oct. 1989 | Host-software requirements standard (link/IP layers). | § 103: Plamondon + RFC 1122 → claims 8, 9 |
| 8 | IEEE Std 802.11-2007 | 2007 | Wireless-LAN MAC/PHY standard. | § 103: Plamondon + IEEE 802.11-2007 → claim 2 |
| 9 | "Price" (full identification not verified in my sources) | Prior art to 2009 (date unverified) | Secondary reference used with Plamondon. | § 103: Plamondon + Price → claims 2, 3, 4, 5 |
| 10 | "Kozat" (full identification not verified in my sources) | Prior art to 2009 (date unverified) | Secondary reference used with Plamondon. | § 103: Plamondon + Kozat → claims 6, 7 |
FWD: "challenged claims 1–12 and 15–24 … are unpatentable."
B. Patent-document citations on the family's face (context, not the operative art)
Because the '510 is a continuation, its front page ordinarily carries forward references from the parent chain (12/836,059 → 14/025,109/10,069,936 → 15/957,945 → 16/278,107). My searches surfaced the (56) lists of sibling/co-family patents that share the same specification, but I could not confirm any of these individually appears on the '510's own front page, so treat the following strictly as "family context, verify against the '510 (56) list":
- U.S. Patent No. 6,795,848 B1 (Border et al.) — the same reference that IPR2021-01493 used; appears in the family's reference sets.
- U.S. Patent No. 5,577,243 A (Sherwood et al.); U.S. 5,734,829 A (Robinson); U.S. 7,890,547 B2 (Hoff/Hotti); U.S. 8,135,912 B2 (Shribman — an earlier, same-family patent, hence self-citation); U.S. 8,719,505 B2 (Shribman); US 2004/0254907 A1 (Crow et al.); US 2005/0015552 A1 (So et al.); US 2008/0086730 A1 (Vertes) — these appear in the front-page lists of the Shribman/Vilenski sibling patents (e.g., US 9,990,295; US 10,902,080; US 11,207,317; US 11,757,961; US 10,484,511).
- Foreign patent documents shown in the family lists include CN 101075242 A (Nov. 2007) and CN 101179389 A (May 2008).
- The family also cites a broad set of earlier networking/caching patents (e.g., McCanne 7,120,666; Cole 5,826,014; Savitzky 6,012,083). These are on the sibling front pages, not verified as on the '510's.
Note on self-citation: Because this is a large continuation family, much of the (56) list is the applicant's own earlier family members (Shribman/Vilenski patents) — those are not true prior art and do not anticipate anything.
C. Claim-by-claim § 102 view (the practical answer)
| Claim(s) | Reference that potentially anticipates under § 102 | Proceeding |
|---|---|---|
| 1 (sole independent claim) | Crowds (Reiter & Rubin 1998); Border (US 6,795,848); MorphMix (Rennhard 2004); Plamondon (US 2008/0228938 A1) | IPR2021-01493 (Crowds/Border/MorphMix) and IPR2022-00138 (Plamondon) |
| 2 | (via claim 1) — anticipation via Crowds/MorphMix/Plamondon; also § 103 (Plamondon + IEEE 802.11-2007 / Price) | IPR2021-01493; IPR2022-00138 |
| 3, 4, 5 | § 103: Plamondon + Price (these claims were not reached by IPR2021-01493) | IPR2022-00138 |
| 6, 7 | Crowds and MorphMix (anticipation); Border (claim 6); § 103 Plamondon + Kozat | IPR2021-01493; IPR2022-00138 |
| 8 | MorphMix (anticipation); § 103 Plamondon + RFC 2616/RFC 1122 | IPR2021-01493; IPR2022-00138 |
| 9, 11 | § 103 Plamondon + RFC 2616 / RFC 1122 | IPR2022-00138 |
| 10 | Border (anticipation); Plamondon (anticipation) | IPR2021-01493; IPR2022-00138 |
| 12 | Plamondon (anticipation) — not reached by IPR2021-01493 | IPR2022-00138 |
| 13 | Crowds, MorphMix (anticipation) | IPR2021-01493 |
| 15, 16, 18–24 | Crowds, Border, MorphMix (anticipation); Plamondon (15–23) | IPR2021-01493; IPR2022-00138 |
| 14 | No IPR reference reached claim 14 — it was not challenged in any proceeding. As a dependent of canceled claim 1, it falls with claim 1's invalidation. | — |
Bottom line on § 102: The strongest, adjudicated anticipation references against claim 1 are Crowds (Reiter & Rubin 1998) and Plamondon (US 2008/0228938 A1), each independently held to anticipate claim 1; Border (US 6,795,848) and MorphMix (2004) were also held to anticipate claim 1. The dependents were carried either by the same anticipatory disclosures or by § 103 combinations with RFC 2616, RFC 1122, IEEE 802.11-2007, Price, and Kozat.
D. What I could not verify (do not rely on without pulling the documents)
- The verbatim (56) "References Cited" list on the '510's own front page. My sources gave me sibling/family lists and the IPR record only. Pull the front page of US 10,484,510 B2 (Citations tab) or the patent PDF to confirm the exact examiner-cited set.
- Full identification and dates of "Price" and "Kozat" (cited in IPR2022-00138). I have only the abbreviated names from the institution-grounds summary.
- Border's exact filing date and § 102(e) status — I confirmed issue date 2004-09-21 but not the application filing date.
- Whether Border, Plamondon, Crow, Vertes, etc., are literally printed on the '510's face versus only on sibling faces. Flagged above as family context.
- Per your strict rule, I have used the identifiers exactly as they appear in the records (10,484,510; US 2008/0228938 A1; US 6,795,848; RFC 2616; RFC 1122; IEEE 802.11-2007) and did not normalize any of them.
Primary sources to cite: IPR2021-01493 FWD, Patent 10,484,510 B2 (public version PDF); IPR2022-00138 FWD (public version PDF); IPR2021-01493 institution decision (Docket Alarm/PTAB E2E); Federal Circuit opinion, Bright Data Ltd. v. Code200, UAB, Nos. 2023-2144 et al. (Aug. 1, 2025).
One contradiction to flag against the earlier sections: the earlier "Patent summary" called Reiter's "Crowds" art simply "prior art," and the "PTAB challenges" section listed the IPR2022-00138 petitioner as "The Data Company Technologies Inc." but elsewhere in the same section labeled it "Nimble"; both refer to the same party. More importantly, the earlier PTAB challenges table attributed a "Plamondon" ground set to IPR2022-00138 — that matches what I found, so there is no conflict there. The unresolved conflict remains the one already flagged: whether IPR2022-00862 ended in its own FWD or was joined-and-terminated (the Federal Circuit says joined/terminated; Google Patents says FWD). That does not affect the prior-art identification above, since IPR2022-00862 asserted the same Crowds-based ground as IPR2021-01493.
Generated 10/1/2026, 5:01:19 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground the obviousness analysis in the actual prior-art references from the proceedings. Let me pull accurate characterizations of each reference before combining them.
Let me pin down the exact claim 1 language and the two additional references (Border, MorphMix) implicated by the family's IPRs.
Obviousness Analysis — U.S. Patent No. 10,484,510 B2 under 35 U.S.C. § 103
Scope and method. Building on the prior sections (which established the bibliographic record, the assignment chain, the PTAB/Federal Circuit outcomes, and the litigation arc), this section does the § 103 work the earlier sections deliberately deferred: it maps the claim limitations to the prior-art arsenal actually used in the proceedings, and explains the motivation to combine for each viable combination. I do not repeat the outcome history except where it is the evidence for the obviousness conclusion. Per the operating rules, I treat the PTAB and Federal Circuit documents as the current ground truth and prefer them over my training data.
I. Governing legal framework
- Pre-AIA § 103(a) applies. The Board expressly held in IPR2021-01493 and IPR2022-00916 that because the '510 patent claims priority to a provisional filed before March 16, 2013 (Provisional 61/249,624, filed Oct. 8, 2009) — and Petitioner did not contest priority — the pre-AIA versions of §§ 102 and 103 apply. (IPR2021-01493 Institution Decision, Paper 11; IPR2022-00916 FWD, n.5.) This matters: the analysis is Graham v. John Deere / KSR v. Teleflex under the pre-AIA text, not the AIA "additional inventive concept" formulation, though the practical analysis converges.
- Windows. All four primary references (Crowds 1998; MorphMix c. 2002; Plamondon pub. 2008; Kozat pub. 2009) predate the Oct. 8, 2009 priority date and qualify as § 102(b) art. RFC 2616 (June 1999), RFC 1122, IEEE 802.11-2007, and Price likewise predate it.
- The construction that decides the case. The Board and the Federal Circuit construed "client device" = "a communication device that is operating in the role of a client" and "second server" = "a device that is operating in the role of a server and that is not the first client device." (CAFC, Bright Data Ltd. v. Code200, UAB, Nos. 2023‑2144 et al., slip op. at 7–8, Aug. 1, 2025.) The panel rejected Bright Data's narrower "consumer computer" / "commercial server" reading. Every combination below is construction-dependent: under the role-based construction the claim reads on ordinary relay/proxy nodes; under Bright Data's hardware-based construction, Crowds, Plamondon, Border, and MorphMix would all fall away. That is the single point of leverage on which the now-died cert petition (No. 25‑779) rested.
II. Claim 1 — the operative language (reconstruction + uncertainty flag)
Claim 1 is the only independent claim; claims 2–24 are dependent. Reconstructed from the IPR2022‑00916 Appendix E (verbatim reproduction of claim 1), IPR2022‑00138 (quoting claim 6 and limitation by limitation), and the CAFC opinion's footnote describing the parallel '342 claim:
Preamble. A method for use with a web server that responds to Hypertext Transfer Protocol (HTTP) requests and stores a first content identified by a first content identifier, the method by a first client device comprising:
[a] establishing a Transmission Control Protocol (TCP) connection with a second server;
[b] sending, to the web server over an Internet, the first content identifier;
[c] receiving the first content from the web server over the Internet; and
[d] sending the received first content, to the second server over the established TCP connection.
Architecture: second server → [URL] → first client device → [URL] → web server, with content returning along the reverse path. The client device is a relay/forwarding node sitting between an upstream server-role device and the origin web server.
⚠️ Contradiction to flag against the earlier "Patent summary" section
That earlier section states claim 1 "[c]/[d] … sends the content identifier (e.g., a URL) to that second server over the established TCP connection, and receives back the requested content as the response to the HTTP request."
The record contradicts that direction. Dependent claim 15 recites "receiving, by the first client device from the second server over the established TCP connection, the first content identifier" (Ex. 1001, 20) — i.e., the client receives the URL from the second server, then sends it to the web server (limitation [b]). The earlier summary's aside was a hypothesis; the claim text governs. The high-level "client in the middle" characterization remains correct.
Confirmed dependent-claim text recovered: claim 6 (third server = HTTP web server storing a second content/second content identifier); claim 7 ("executing … a web browser application or an email application"); claim 15 (supra); claim 18 (second server is a TCP/IP server, first client device is a TCP/IP client); claim 21 (web browser/email app); claim 22 (client operating system); claim 23 ("the steps are sequentially executed"); claim 24 (non-transitory CRM).
III. The prior-art arsenal (as used in the proceedings)
| Reference | Identity | What it teaches | Where used |
|---|---|---|---|
| Crowds | Michael K. Reiter & Aviel D. Rubin, Crowds: Anonymity for Web Transactions, ACM TISSEC Vol. 1, No. 1, Nov. 1998, at 66–92 (Ex. 1006) | Groups users into a "crowd" that "collectively issues requests on behalf of its members"; a request is forwarded along a random path of jondos over TCP, and "server replies traverse the same path as the requests, only in reverse." | IPR2021‑01493 (all challenged claims; § 102 and § 103); IPR2022‑00916 |
| Plamondon | U.S. Pat. App. Pub. US 2008/0228938 A1 (pub. Sept. 18, 2008) (Ex. 1010) | A network-optimization "appliance 200" that acts as a proxy between a client 102 and a server 106, retrieves and caches objects, and validates cached content via conditional HTTP GET / "304 Not Modified." Client 102 "can be any … server." | IPR2022‑00138 (primary reference for claims 1–12, 15–24) |
| Kozat | U.S. Pat. App. Pub. US 2009/0055471 (Ex. 1024) | A peer-to-peer content-delivery network: a "control server" tracks "current supply, current demand, and predicted future demand" of media segments and directs requesting clients to peers caching the segments. | IPR2022‑00138 (claims 6, 7) |
| Price | Prior-art reference (patent/publication) on automatic software update | Automatic version-check/update of installed software. | IPR2022‑00138 (claims 2–5) |
| RFC 2616 | Hypertext Transfer Protocol — HTTP/1.1 (June 1999) | Standard HTTP client/server semantics; "any given program may be capable of being both a client and a server … our use of these terms refers only to the role being performed." Cache validation. | IPR2021‑01493; IPR2022‑00138 (claims 8, 11, 15–17) |
| RFC 1122 | Requirements for Internet Hosts — Communication Layers | TCP/IP host behavior. | IPR2022‑00138 (claims 8, 9) |
| IEEE 802.11‑2007 | Wireless LAN standard | MAC-address identification over wireless links. | IPR2022‑00138 (claim 2) |
| Border | Prior-art reference combined with RFC 2616 | Used as an alternative primary reference to Crowds. | IPR2021‑01493 ground: Border + RFC 2616 (claims 1, 6, 10, 15–20, 23, 24) |
| MorphMix | Rennhard & Plattner, MorphMix: Peer-to-Peer based Anonymous Internet Usage with Collusion Detection (c. 2002) | Peer-to-peer anonymous path: application data (containing the URL) is forwarded node-to-node to the server, and data returns the opposite way. | IPR2021‑01493 ground: MorphMix + RFC 2616; § 102 anticipation of claims 1, 6–8, 13, 15, 16, 18–24 |
Verification caveat: I could not independently retrieve the full bibliographic identity of Border or of Price from the sources available; both are treated as named in the Board's grounds tables and should be pulled from the exhibit list before being cited. The four primary references (Crowds, Plamondon, MorphMix, Kozat) are verified.
IV. Combination 1 — Crowds as the single anticipatory/obviousness reference
Mapping (IPR2021‑01493 / IPR2022‑00916, claim 1):
| Limitation | Crowds disclosure (as found by the Board) |
|---|---|
| Preamble | Crowd "collectively issues requests on behalf of its members"; the example path 5 → 4 → 6 → web server places jondo 6 as the last node before the target web server — the "first client device" — and jondo 4 as the prior node — the "second server" |
| [a] TCP connection w/ second server | "jondo 6 (first client device) establishes a TCP connection with jondo 4 (second server)" |
| [b] send content identifier to web server | jondo 6 "sends a web request via HTTP to the target web server," the request comprising the URL |
| [c] receive content from web server | "server replies traverse the same path as the requests, only in reverse" |
| [d] send content to second server over the TCP connection | jondo 6 "sends the requested content to jondo 4, the second server," and jondo 4 relays it back to the requesting user |
Why this is obvious even setting anticipation aside. Crowds is not merely analogous art — it is in the same field of endeavor (proxied web transactions over TCP/HTTP) and reasonably pertinent to the '510's stated problem (moving user-requested content along a path of cooperating peers rather than through a dedicated proxy farm). Under KSR, where "a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious." Crowds' reverse-path relay is exactly the client-device-as-intermediary operation the claim recites; implementing it with standard HTTP/TCP (RFC 2616) requires no more than the predictable application of a known protocol.
Anticipated teaching-away rebuttal. Bright Data argued that under role-based constructions jondo 6 is "operating as a server" when it replies, and jondo 4 is "operating as a client" when it requests — so neither can be the claimed "client device"/"second server." The Board rejected this because a device "may perform different roles with different functions at different times" and does not have to "act exclusively in only one role … at all times." No teaching away, no unexpected result.
V. Combination 2 — Plamondon as primary reference (the IPR2022‑00138 roadmap)
This is the cleanest § 103 pathway because Plamondon is structurally identical to the claim: client 102 → appliance 200 → server 106.
| Limitation | Plamondon disclosure |
|---|---|
| Preamble | appliance 200 is the "first client device" in the communication path between client 102 (the "second server") and server 106 (the "web server"); appliance 200 "acts as a proxy between a client requesting objects and an object server responding to client requests" |
| [a] TCP connection | appliance 200 "maintains a transport layer connection between a client 102 and server 106 using a single network stack 267" |
| [b] send identifier to web server | appliance 200 forwards client 102's request (e.g., URL) to server 106 as an HTTP request |
| [c] receive content | appliance 200 receives the HTTP response from server 106 |
| [d] send content to second server | appliance 200 sends the content to client 102 |
Motivation to combine (where a secondary reference is needed). Plamondon alone was found to anticipate claims 1, 10, 12, 15–23 and render claim 24 obvious; for the remaining limitations the Board required a secondary reference, and each pairing carries an independent, explicit motivation:
| Claim(s) | Combination | Motivation (as found by the Board) |
|---|---|---|
| 8, 11 (and 15–17) | Plamondon + RFC 2616 | A POSITA implementing Plamondon's HTTP caching/validation would "naturally consult RFC 2616, the governing standard for HTTP/1.1 at the time," which supplies the precise conditional-GET / "304 Not Modified" mechanism Plamondon describes. |
| 8, 9 | Plamondon + RFC 1122 | RFC 1122 is the governing TCP/IP host-requirements standard; applying it to Plamondon's TCP-based appliance is use of a known standard for its intended purpose. |
| 2 | Plamondon + IEEE 802.11‑2007 | The dependent limitation (MAC-address identification) is met by the wireless-LAN standard's routine teaching; predictable result in a conventional network stack. |
| 2–5 | Plamondon + Price | Price teaches the automatic software-update functionality the dependent claims add; combining a known update mechanism with a known network appliance yields the predictable result of a self-updating appliance. |
| 6, 7 | Plamondon + Kozat | Kozat's P2P control server "would ensure that requests were distributed efficiently among peers," improving Plamondon's performance "by increasing transfer speeds and reducing peak loads" and providing "an effective way to pair peers and match supply and demand." |
This last pairing (Plamondon + Kozat) is the one that most directly re-creates the '510 specification's own "agent returns a list of peers / client downloads chunks" story — i.e., it supplies the peer-list/distributed-retrieval concept that the specification emphasizes but the independent claim does not itself require. It is therefore a strong § 103 theory for any claim (or later family member) that imports peer selection.
VI. Combination 3 — Crowds/Border/MorphMix + RFC 2616
The IPR2021‑01493 institution table shows the Board's parallel obviousness grounds:
- 1, 2, 6–11, 13, 15, 16, 18–24 — § 103(a) over Crowds + RFC 2616
- 1, 6, 10, 15–20, 23, 24 — § 103(a) over Border + RFC 2616
- 1, 6, 8–11, 13, 15–20, 22–24 — § 103(a) over MorphMix + RFC 2616
Motivation. For each primary reference, the secondary reference is RFC 2616, and the rationale is the same KSR "known technique to improve similar devices in the same way" rationale: once a POSITA has an anonymous/relayed web-transaction architecture (Crowds, Border, MorphMix), the recited HTTP-request/response and TCP-connection limitations are satisfied by implementing the system with the then-current HTTP standard, which every reference either assumes or expressly references. RFC 2616 additionally supplies the intrinsic support for the role-based construction ("any given program may be capable of being both a client and a server … our use of these terms refers only to the role being performed") — the Board relied on this.
MorphMix's independent mapping (from the Board's § 102 analysis): node (c) = "first client device"; intermediate node (b) = "second server"; server (s) = web server; the URL is carried in the application data forwarded node-to-node; and "send[ing] data back from the server to the client works exactly in the opposite way." Same architecture, different label — which is precisely why the role-based construction is outcome-determinative.
VII. Why the motivation-to-combine is unusually strong here (KSR / MPEP 2143 rationales)
- Known elements, known method, predictable result. Every combination pairs elements already known in the art of web-content delivery (relay node + TCP connection + HTTP request/response + caching) and yields the predictable result of a faster/distributed transfer. (MPEP 2143(A).)
- Simple substitution of one known element for another. Substituting an ordinary peer node (jondo / MorphMix node) for a dedicated proxy appliance, or vice versa, is the substitution of one known relay for another, both doing the same job. (MPEP 2143(B).)
- Same field / reasonably pertinent. Crowds, MorphMix, Border, and Plamondon are all directed to proxied or relayed web transactions; they are analogous art on both the field-of-endeavor and problem-solved tests.
- Design incentive / market pressure. The '510 specification itself recites the motivation ("increasing network communication speed for users, while lowering network congestion for content owners and ISPs"), and the Board credited that the references address the same congestion/speed problem — a classic explicit design incentive. (MPEP 2143(F).)
- Standards as secondary references. RFC 2616, RFC 1122, and IEEE 802.11‑2007 are not obscure; a POSITA implementing HTTP/TCP/wireless functionality "would naturally consult" them. This defeats any "non-analogous / unpredictable" argument.
- No teaching away and no unexpected results. The Board rejected Bright Data's exclusivity-of-role argument (a device need not act in only one role at all times), and no reference disparages the claimed relay architecture.
Dependent-claim coverage summary (grounds that carried each claim):
| Claims | Ground | Outcome |
|---|---|---|
| 1, 2, 6–11, 13, 15–24 | Crowds (§ 102) and/or Crowds + RFC 2616 (§ 103) | Unpatentable |
| 1, 10, 12, 15–23 | Plamondon (§ 102) | Unpatentable |
| 8, 11 | Plamondon + RFC 2616 | Unpatentable |
| 8, 9 | Plamondon + RFC 1122 | Unpatentable |
| 2 | Plamondon + IEEE 802.11‑2007 | Unpatentable |
| 2–5 | Plamondon + Price | Unpatentable |
| 6, 7 | Plamondon + Kozat | Unpatentable |
| 24 | Plamondon (§ 103) | Unpatentable |
| 14 | never challenged | no merits ruling |
Union of the judgments: claims 1–13 and 15–24 are subject to an unpatentability holding. Claim 14 is the only claim with no express merits ruling; as a dependent claim it would fall with claim 1, but that is a legal corollary, not a Board finding — and I flag it as unverified that claim 14 depends from claim 1.
VIII. Secondary considerations — why they did not save the claims
Bright Data put in commercial success (Hola/Luminati residential-proxy service), long-felt need, copying (Oxylabs testimony that it sought "a system that works like hola.org"), and industry praise. The Board found no nexus, and the Federal Circuit affirmed on substantial evidence: "the features of the products [Bright Data] relies on to show commercial success are not claimed," and "the product neither embodies nor is coextensive with the challenged claims." (IPR2022‑00138 FWD; CAFC slip op.) The decisive point: the asserted claims are drawn to a relay/client-as-proxy architecture, not to the residential-proxy features (millions of consumer devices, identity hiding) that drive the commercial story. For a § 103 defense, the absence of nexus means the objective indicia drop out of the Graham balance entirely.
IX. Contradictions and uncertainties to carry forward
- Direction of the content identifier (flagged above). The earlier "Patent summary" section says the client sends the URL to the second server; the claim text (claim 15) and the Board's findings say the client receives the URL from the second server and sends it to the web server. The latter governs.
- Internal inconsistency in the prior sections on finality. The "CAFC / appellate status" and "Litigation summary" sections state certiorari was denied Feb. 23, 2026; the "PTAB challenges" section nonetheless says "the judgment is on Supreme Court review (No. 25‑779), so the invalidation is not yet beyond collateral attack." On the record retrieved, the Feb. 23, 2026 denial is the later event and the § 103 conclusion is final as to the adjudicated claims.
- Border and Price identities unverified — treated as named in the Board's grounds tables only.
- Claim 14 has no merits ruling in any '510 IPR I reviewed; its dependency is asserted but not verified.
- Claim-1 verbatim text remains a faithful reconstruction (preamble + [a]–[d]) from the IPR2022‑00916 Appendix E and IPR2022‑00138 quotes, not a single-source verbatim quotation. The limitations I quote for the dependent claims (6, 7, 15, 18, 21, 22, 23, 24) are verbatim from the FWDs.
- The whole § 103 edifice rests on the role-based construction. If a future tribunal were to adopt Bright Data's hardware-based construction (the question presented in the now-denied cert petition), the Crowds/Border/MorphMix/Plamondon mappings collapse. As of the current record, that construction has been rejected by the Board, three district courts, and the Federal Circuit.
X. Bottom line
The '510's claims are obvious under pre-AIA § 103 on at least four independent, well-motivated combinations, each of which the Board adopted and the Federal Circuit affirmed on Aug. 1, 2025:
- Crowds alone (anticipation) → Crowds + RFC 2616 (obviousness) — a reverse-path TCP/HTTP relay of cooperating peers reads on every limitation of claim 1 under the role-based construction.
- Plamondon as primary (anticipation of most claims) → Plamondon + {RFC 2616 | RFC 1122 | IEEE 802.11‑2007 | Price | Kozat} for the dependents — an HTTP proxy-caching appliance that maintains a transport-layer connection between a client and a server, with each secondary reference supplying a routine, standards-based or known-mechanism feature and an explicit efficiency rationale.
- Border + RFC 2616 and MorphMix + RFC 2616 — parallel routes to the same result, with MorphMix independently anticipating claims 1, 6–8, 13, 15, 16, and 18–24.
- The motivation is supplied by KSR rationales — same field, predictable results, known standards, express design incentive to reduce congestion, and no teaching away — and the objective indicia of non-obviousness were excluded for lack of nexus.
Caveat in closing: this is an analysis of why the claims are obvious in view of the identified art, not a re-review of the merits. The conclusions stand as the Board found and the Federal Circuit affirmed them; the practical defense posture for anyone accused on the '510 is the judgment of unpatentability as to claims 1–13 and 15–24 (now final following the Feb. 23, 2026 cert denial), not a fresh § 103 fight.
Key sources: CAFC opinion, Bright Data Ltd. v. Code200, UAB, Nos. 2023‑2144 et al. (Aug. 1, 2025) — https://www.courtlistener.com/opinion/[10646198](/patent/10646198)/bright-data-ltd-v-code200-uab/ · IPR2021‑01493 FWD — https://bannerwitcoff.com/wp-content/uploads/2023/10/IPR2021-01493.pdf · IPR2022‑00138 FWD — https://bannerwitcoff.com/wp-content/uploads/2023/05/IPR2022-00138.pdf · SCOTUS petition vol. 1 (No. 25‑779), containing Appendices A–E including the IPR2022‑00916 judgment — https://www.supremecourt.gov/DocketPDF/25/25-779/[390526](/patent/390526)/20251230140702018_Bright%20Data%20Ltd%20v%20Code200%20UAB%20-%20Petition%20Volume%201%20of%202.pdf · Reiter & Rubin, Crowds, ACM TISSEC 1(1):66–92 (1998) — https://acm-stag.literatumonline.com/doi/10.1145/[290163](/patent/290163).[290168](/patent/290168)
Generated 10/1/2026, 5:01:49 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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This patent in court (2)
2 tracked lawsuits name US 10484510.