Case 1:23-cv-00758-JLH-SRF Document 141-3 Filed 09/10/24 Page 1 of 6 PageID #: 3200
`Case 1:23-cv-00758-JLH-SRF Document 141-3 Filed 09/10/24 Page 1 of 6 PagelD #: 3200
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`EXHIBIT 3
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` EXHIBIT 3
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`Case 1:23-cv-00758-JLH-SRF Document 141-3 Filed 09/10/24 Page 2 of 6 PageID #: 3201
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ORCA SECURITY LTD.,
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`Plaintiff,
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`v.
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`WIZ, INC.,
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`Defendant.
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`C.A. No. 23-758 (JLH)
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`ORCA SECURITY LTD.’S SECOND SUPPLEMENTAL RESPONSES AND
`OBJECTIONS TO WIZ, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF
`DOCUMENTS AND THINGS (NOS. 1-60)
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`Pursuant to Federal Rules of Civil Procedure 26 and 34 and the District of
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`Delaware’s Civil Local Rule 26, Plaintiff Orca Security Ltd. (“Orca” or “Plaintiff”) objects and
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`responds to Wiz, Inc.’s (“Defendant” or “Wiz”) First Set of Requests for Documents (“Request”
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`or “Requests”) as set forth below.
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`GENERAL OBJECTIONS
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`The following general objections are incorporated by reference into Orca’s
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`responses to each and every Request.
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`1.
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`Orca’s responses are based upon information currently known to it through
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`reasonable investigation thus far, and are subject to amendment, supplementation, and/or other
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`modification. Discovery in this matter is ongoing, and during the course of subsequent discovery,
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`Orca may become aware of additional information that may be responsive to these Requests. As
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`a result, Orca reserves the right to update, amend, supplement, or otherwise modify these
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`responses. By providing these responses, Orca does not, and does not intend to, waive its right to
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`rely on evidence or information that is subsequently discovered through its continuing
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`investigation and/or included in an amended or supplemental response. In addition, these
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`Case 1:23-cv-00758-JLH-SRF Document 141-3 Filed 09/10/24 Page 3 of 6 PageID #: 3202
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 53:
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`Orca incorporates all of its General Objections as if specifically set forth herein.
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`Orca further objects to this Request as overly broad, unduly burdensome, and not proportional to
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`the needs of the case including for example because it is unlimited in time or scope and as to its
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`request for “All Documents and Communications.” Orca further objects to this Request to the
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`extent it seeks information protected by the attorney-client privilege, work-product immunity,
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`and/or any other applicable exception or privilege. Orca further objects to this Request to the
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`extent it seeks information which is confidential or proprietary to, or the trade secrets of, a non-
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`party, and which Orca is under an obligation and duty to the non-party to not disclose, unless the
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`non-party agrees to a suitable protective order or consents in writing to Orca to the disclosure.
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`Orca objects to this Request to the extent it seeks public information or information that is equally
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`or more available to Wiz. Orca objects to this Request because it seeks information that is not
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`relevant to the claim or defense of any party.
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`Subject to, as limited by, and without waiving the foregoing General Objections
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`and Specific Objections, Orca is willing to meet and confer with Wiz to determine the proposed
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`relevance of the documents sought and, to the extent relevance is established, to more clearly
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`define and narrow the scope of this Request.
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`REQUEST NO. 54
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`All Documents and Communications Relating to Orca’s competitors, including
`but not limited to Wiz.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 54:
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`Orca incorporates all of its General Objections as if specifically set forth herein.
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`Orca further objects to this Request as overly broad, unduly burdensome, and not proportional to
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`the needs of the case including for example because it is unlimited in time or scope and as to its
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`Case 1:23-cv-00758-JLH-SRF Document 141-3 Filed 09/10/24 Page 4 of 6 PageID #: 3203
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`request for “All Documents and Communications.” Orca further objects to this Request to the
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`extent it seeks information protected by the attorney-client privilege, work-product immunity,
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`and/or any other applicable exception or privilege. Orca objects to this Request as vague and
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`ambiguous, for example as to the term “competitors.” Orca further objects to this Request to the
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`extent it seeks information which is confidential or proprietary to, or the trade secrets of, a non-
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`party, and which Orca is under an obligation and duty to the non-party to not disclose, unless the
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`non-party agrees to a suitable protective order or consents in writing to Orca to the disclosure.
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`Orca objects to this Request to the extent it seeks public information or information that is equally
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`or more available to Wiz. Orca objects to this Request to the extent it seeks information that is not
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`relevant to the claim or defense of any party.
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`Subject to, as limited by, and without waiving the foregoing General Objections
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`and Specific Objections, Orca is willing to meet and confer with Defendant to more clearly define
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`and narrow the scope of this Request.
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`REQUEST NO. 55
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`All Documents and Communications Relating to the practice of each Asserted
`Patent that You have developed, made, used, sold, offered for sale, licensed, leased, released, or
`imported into the United States, including released and unreleased and all versions and builds,
`whether by You, a third-party, or a competitor.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 55:
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`Orca incorporates all of its General Objections as if specifically set forth herein.
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`Orca further objects to this Request as overly broad, unduly burdensome, and not proportional to
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`the needs of the case including for example as to its request for “All Documents and
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`Communications.” Orca further objects to this Request to the extent it seeks information protected
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`by the attorney-client privilege, work-product immunity, and/or any other applicable exception or
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`privilege. Orca objects to this Request’s use of the term “competitor” as vague and ambiguous.
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`Case 1:23-cv-00758-JLH-SRF Document 141-3 Filed 09/10/24 Page 5 of 6 PageID #: 3204
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`ambiguous, overly broad, and unduly burdensome, for example as to the terms “access” and
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`“Entity.” Orca objects to this Request to the extent it seeks public information or information
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`that is equally or more available to Wiz. Orca objects to this Request because it seeks information
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`that is not relevant to the claim or defense of any party.
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`Subject to, as limited by, and without waiving the foregoing General Objections
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`and Specific Objections, Orca is willing to meet and confer with Wiz to determine the proposed
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`relevance of the documents sought and, to the extent relevance is established, to more clearly
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`define and narrow the scope of this Request.
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` FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 60:
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`Subject to and without waiving the foregoing General Objections and Specific
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`Objections, Orca further responds as follows:
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`Orca incorporates by reference its responses to Request for Production Nos. 58-59.
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`MORRIS, NICHOLS, ARSHT &TUNNELL LLP
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`/s/ Rodger D. Smith II
`___________________________________
`Jack B. Blumenfeld (#1014)
`Rodger D. Smith II (#3778)
`Cameron P. Clark (#6647)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`rsmith@morrisnichols.com
`cclark@morrisnichols.com
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`Attorneys for Plaintiff Orca Security Ltd.
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`OF COUNSEL:
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`Douglas E. Lumish
`Lucas Lonergan
`LATHAM & WATKINS LLP
`140 Scott Drive
`Menlo Park, CA 94025
`(650) 328-4600
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`Blake R. Davis
`LATHAM & WATKINS LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`(415) 391-0600
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`Case 1:23-cv-00758-JLH-SRF Document 141-3 Filed 09/10/24 Page 6 of 6 PageID #: 3205
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`Kristina D. McKenna
`Christopher Henry
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`(617) 948-6000
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`June 7, 2024
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