Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 1 of 9 PageID #: 3206
`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 1 of 9 PagelD #: 3206
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`EXHIBIT 4
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` EXHIBIT 4
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 1 of 9 PagelD #: 3206
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`EXHIBIT 4
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` EXHIBIT 4
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 2 of 9 PageID #: 3207
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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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`v.
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`WIZ, INC.,
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`Plaintiff,
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`Defendant.
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`C.A. No. 23-758 (JLH)
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`ORCA SECURITY LTD.’S FIRST SET OF REQUESTS FOR THE
`PRODUCTION OF DOCUMENTS AND THINGS TO WIZ, INC. (NOS. 1-83)
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`Pursuant to Federal Rules of Civil Procedure 26 and 34, Plaintiff Orca Security Ltd.
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`(“Orca”) requests that Defendant Wiz, Inc. (“Wiz”) respond to these Requests for the Production
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`of Documents and Things (“Requests”) in writing, in accordance with the definitions and
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`instructions contained herein, and produce all documents and things in Wiz’s possession, custody,
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`or control within thirty (30) days after service of these Requests. Orca requests that Wiz make any
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`production of documents and things at the office of Latham & Watkins LLP (Attn: Blake Davis),
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`505 Montgomery Street, Suite 2000, San Francisco, CA 94111, or at such other time and place as
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`the parties may agree upon.
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`DEFINITIONS
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`As used herein and in all further Requests, unless specified otherwise, the following
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`definitions apply:
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`1.
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`“Wiz,” “Defendant,” “You,” or “Your” means Wiz, Inc. and all parents,
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`subsidiaries, and affiliates thereof, all divisions, predecessors-in-interest, successors, and assigns
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`of each of the foregoing, and all principals, officers, investors, employees, directors, agents,
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 3 of 9 PageID #: 3208
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`market for any Accused Product or Accused Functionality, Orca, Orca’s Platform, projected and
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`actual profit margins, projected and actual potential competitors (including market shares), and
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`business plans for any Accused Product or Accused Functionality.
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`REQUEST FOR PRODUCTION NO. 17:
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`Documents and Things sufficient to show any technical difficulties encountered in
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`developing, designing, and using the Accused Products and Accused Functionalities.
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`REQUEST FOR PRODUCTION NO. 18:
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`All Documents and Things relating to the market for the Accused Products,
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`Accused Functionality or Orca’s Platform, including, but not limited to, marketing plans and
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`strategies, competitive strategies, manufacturing projections and actual production, imports,
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`exports, including any business plans, projections, studies, reports, memorandums, or analyses
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`relating to market share, market demand, market segments, competition, consumer surveys, or
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`revenue.
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`REQUEST FOR PRODUCTION NO. 19:
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`Documents and Things sufficient to Identify potential or actual licensees, licensors,
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`license agreements and/or royalty agreements relating to cloud security platforms, the Accused
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`Products or Accused Functionalities, including all Documents relating to negotiations in
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`connection therewith and all draft and final agreements.
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`REQUEST FOR PRODUCTION NO. 20:
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`All Documents and Things relating to the marketing and advertising of the Accused
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`Products or Accused Functionalities, including written publications, brochures, advertisements,
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`promotional materials, technical reports or reviews, flowcharts, internal and external presentations,
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`press releases, blogs, and web posts.
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`14
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 4 of 9 PageID #: 3209
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`REQUEST FOR PRODUCTION NO. 21:
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`Documents and Things sufficient to show the commercialization and distribution
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`of the Accused Products and Accused Functionalities, including, but not limited to, an
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`Identification of all current and prospective customers and/or users of the Accused Products and
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`Accused Functionalities.
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`REQUEST FOR PRODUCTION NO. 22:
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`All Documents Identifying, describing, concerning, or referencing the conception,
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`benefits, development,
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`testing, assessment, enhancement, modification, adoption, and
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`implementation of each of the Accused Functionalities, including but not limited to,
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`Correspondence or other internal Communications, Market studies or assessments, A/B Testing,
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`Surveys, Focus group studies, consumer testing. feature goals and objectives, proposals, budgets,
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`internal reports, cost estimates, release schedules, or other Documents.
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`REQUEST FOR PRODUCTION NO. 23:
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`All Documents and Communications regarding business plans,
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`technical
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`development, and marketing strategy for the Accused Products and/or Accused Functionalities.
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`REQUEST FOR PRODUCTION NO. 24:
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`All financial statements, income statements, balance sheets, or other financial
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`and/or accounting statements sufficient to show income and/or expenses of any type concerning
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`each of the Accused Products and Accused Functionality.
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`REQUEST FOR PRODUCTION NO. 25:
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`All Documents and Things concerning Your suggested or actual pricing for the
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`purchase, use, or licensing of each of the Accused Products and Accused Functionalities,
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`including, but not limited to, Documents relating to pricing strategies, comparisons of Your pricing
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`15
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 5 of 9 PageID #: 3210
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`with pricing for Orca’s Platform, pricing or licensing decisions, price changes, and price lists as
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`those prices pertain to Your customers or potential customers.
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`REQUEST FOR PRODUCTION NO. 26:
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`Documents and Things sufficient to show Your quarterly and annual revenues and
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`profits associated with use, sale, or license of the Accused Products, and the percentage of Your
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`revenues and profits come from the Accused Products since the earliest release date of an Accused
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`Product to the present.
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`REQUEST FOR PRODUCTION NO. 27:
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`All Documents and Things concerning Your sales reports, summaries, analyses,
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`projections, histories, graphs, tables, market share analyses, sales contracts and agreements, price
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`lists, price studies, business plans, strategic plans, and economic studies with respect to the
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`Accused Products.
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`REQUEST FOR PRODUCTION NO. 28:
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`All Documents and Things prepared for distribution or distributed to customers or
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`potential customers with or relating to any Accused Product, including without limitation, user
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`manuals, product instruction materials, and technical specifications.
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`REQUEST FOR PRODUCTION NO. 29:
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`All Documents and Things concerning Your policies, practices, guidelines or
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`procedures with respect to licenses to any of the Accused Products, including, but not limited to,
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`Wiz’s Wiz Essential and Wiz Advanced licenses. See, e.g., https://www.wiz.io/pricing.
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`REQUEST FOR PRODUCTION NO. 30:
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`Documents and Things sufficient to Identify and describe any technical or customer
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`support You provide for each Accused Product.
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`16
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 6 of 9 PageID #: 3211
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`REQUEST FOR PRODUCTION NO. 47:
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`All Documents, Communications, and Things relating to Orca, Orca’s Platform, or
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`Orca’s current and/or prospective customers from any actual or potential investor or director of
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`Wiz, including Index Ventures, Sequoia, Insight Partners, or Cyberstarts.
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`REQUEST FOR PRODUCTION NO. 48:
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`All Documents, Communications, and Things referring or relating to the
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`presentation given by the Named Inventor regarding Orca’s Platform to Wiz’s founders at
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`Microsoft in May 2019.
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`REQUEST FOR PRODUCTION NO. 49:
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`All Documents and Communications concerning or referring to the Asserted
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`Patents, Related Patents, or the Named Inventor.
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`REQUEST FOR PRODUCTION NO. 50:
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`Any of Your unpublished patent applications that refer or cite to any Asserted
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`Patents or Related Patents.
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`REQUEST FOR PRODUCTION NO. 51:
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`All Documents and Things comparing any Accused Product with the inventions set
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`forth in any Asserted Patent, including without limitation, any competitive analysis or any
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`comparison of any structure, function, operation, advantage, disadvantage, or capabilities.
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`REQUEST FOR PRODUCTION NO. 52:
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`All Documents, Communications, and Things referring to or relating to Agentless
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`Scanning or Orca’s SideScanning™ technology.
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`20
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 7 of 9 PageID #: 3212
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`https://orca.security/ and/or https://app.orcasecurity.io/login) or Orca’s Platform, including, but
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`not limited to, any data that Wiz has collected from Orca’s website or Orca’s Platform.
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`REQUEST FOR PRODUCTION NO. 59:
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`All Documents, Communications, and Things relating to Orca’s current and/or
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`prospective customers, including, but not limited to, Documents or Communications relating to
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`any analysis of Orca’s current and/or prospective customers performed by You or any Third Party.
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`REQUEST FOR PRODUCTION NO. 60:
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`All Documents and Things relating to any contention or affirmative defense that
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`evidence that any Accused Product may not Infringe any claims of the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 61:
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`All Documents and Things concerning, supporting, or contradicting any allegation
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`that the claims of the Asserted Patents are invalid on any ground or unenforceable, including but
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`not limited to any alleged failure to meet the requirements of 35 U.S.C. § 1 et seq., including
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`§§ 101, 102, 103, and/or 112.
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`REQUEST FOR PRODUCTION NO. 62:
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`All Documents and Things evidencing Wiz’s investigation, evaluation, or analysis
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`of the Asserted Patents or Related Patents, including the inventions disclosed and/or claimed in
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`the Asserted Patents or Related Patents.
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`REQUEST FOR PRODUCTION NO. 63:
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`All Documents and Things relating to any plans or efforts to design around or
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`otherwise avoid Infringement of any claim of the Asserted Patents.
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`22
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 8 of 9 PageID #: 3213
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`REQUEST FOR PRODUCTION NO. 64:
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`All Documents and Things referring or relating to Wiz’s contention of what
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`constitutes an appropriate measure of Orca’s damages for Wiz’s Infringement of any claims of the
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`Asserted Patents, assuming Infringement is found and that those claims are not found invalid or
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`unenforceable.
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`REQUEST FOR PRODUCTION NO. 65:
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`All Documents and Things referring or relating to any claim by Orca for reasonable
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`royalty damages and/or lost profit damages, including, but not limited to, documents related to
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`market share, lost sales volume, relevant market definition, competitor market share, projected
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`market share, or acceptable non-infringing substitutes.
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`REQUEST FOR PRODUCTION NO. 66:
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`All Documents tending to support or refute that any Product features claimed in the
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`Asserted Patents drive consumer demand for the Orca Platform, including, but not limited to, all
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`marketing and advertising materials covering the Orca Platform.
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`REQUEST FOR PRODUCTION NO. 67:
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`All Documents and Things concerning, supporting, or contradicting objective
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`indicia of non-obviousness, including without limitation, commercial success, long-felt need,
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`expressions of skepticism, copying, teaching away, successful or failed attempts by others,
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`commercial acquiescence, or simultaneous development with respect to the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 68:
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`Documents and Things sufficient to show any agreements between You and any
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`other Person or entity concerning any patents covering or allegedly covering the Accused Products,
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`including without limitation agreements providing the right to license, sell, offer for sale, use, offer
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`23
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`Case 1:23-cv-00758-JLH-SRF Document 141-4 Filed 09/10/24 Page 9 of 9 PageID #: 3214
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`during any deposition or trial in this action, including for impeachment, or which Wiz intends to
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`submit to the Court in support of any pleadings filed in this case.
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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)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`rsmith@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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`Kristina D. McKenna
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`(617) 948-6000
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`February 21, 2024
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`27
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