Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 1 of 9 PageID #: 3356
`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 1 of 9 PagelD #: 3356
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`EXHIBIT I
`EXHIBIT I
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`

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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 2 of 9 PageID #: 3357
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`v.
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`WIZ, INC.,
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`ORCA SECURITY LTD.,
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`
`Plaintiff,
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`)
`)
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`C.A. No. 23-758 (JLH)
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`CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY
`
`
`Defendant.
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`
`ORCA SECURITY LTD.’S SIXTH SUPPLEMENTAL RESPONSES AND OBJECTIONS
`TO DEFENDANT WIZ INC.’S FIRST SET OF INTERROGATORIES (NOS. 1-13)
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`Pursuant to Federal Rules of Civil Procedure 26 and 33 and the District of Delaware’s Civil
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`Local Rule 26, Plaintiff Orca Security Ltd. (“Orca” or “Plaintiff”) hereby provides its responses
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`and objections to Wiz, Inc.’s (“Defendant” or “Wiz”) First Set of Interrogatories (“Interrogatories”
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`or “Interrogatory”) as set forth below.
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`GENERAL OBJECTIONS
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`
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`The following general objections are incorporated by reference into Plaintiff’s responses
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`to each and every Interrogatory.
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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 Interrogatories.
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`As a result, Orca may update, amend, supplement, or otherwise modify these responses. By
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`providing these responses, Orca does not, and does not intend to, waive its right to rely on evidence
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`or information that is subsequently discovered through its continuing investigation and/or included
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`in an amended or supplemental response. In addition, these responses are made without prejudice
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`

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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 3 of 9 PageID #: 3358
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`
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`In compliance with post-AIA 35 U.S.C. § 112, the entire written description, including
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`provisional and non-provisional applications of each Asserted Patent, “contain[s] a written
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`description of the invention, and of the manner and process of making and using it, in such full,
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`clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or
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`with which it is most nearly connected, to make and use the same,” and “set[s] forth the best mode
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`contemplated by the inventor . . . of carrying out the invention.”
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`Orca is continuing its investigation of the facts and may supplement, amend, and/or modify
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`this response as further information becomes available. Orca may supplement, amend, and/or
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`modify this response as discovery proceeds and at a reasonable time in accordance with the
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`Scheduling Order.
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`INTERROGATORY NO. 6:
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`For each Asserted Claim of the Asserted Patents, describe with specificity and precision
`the first offer for sale, sale, public use, and publication, including for each claim the Date it
`occurred, the manner of the disclosures, and identify all Persons knowledgeable regarding the
`disclosures and the Documents related to those disclosures.
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`RESPONSE TO INTERROGATORY NO. 6:
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`Orca incorporates all of its General Objections as if specifically set forth herein. Orca
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`further objects to this Interrogatory as overly broad, unduly burdensome, and not proportional to
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`the needs of the case, including as to its request for “all Persons.” Orca objects to this Interrogatory
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`to the extent it seeks expert discovery prior to the scheduled time to exchange said information
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`under the Scheduling Order. Orca objects to this Interrogatory to the extent it calls for a legal
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`conclusion. Orca further objects to this Interrogatory 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 further objects to this Interrogatory to the extent it seeks information that is
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`publicly available and equally available to Wiz as to Orca.
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`107
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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 4 of 9 PageID #: 3359
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`Subject to and without waiving the foregoing General and Specific Objections, Orca
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`answers as follows:
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`For the ’031 Patent, Orca’s Platform practices one or more claims and was offered for sale,
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`sold, or in use in the United States at least as early as May 30, 2023, when the ’031 Patent issued.
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`For the ’032 Patent, Orca’s Platform practices one or more claims and was offered for sale,
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`sold, or in use in the United States at least as early as May 30, 2023, when the ’032 Patent issued.
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`For the ’685 Patent, Orca’s Platform practices one or more claims and was offered for sale,
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`sold, or in use in the United States at least as early as July 4, 2023, when the ’685 Patent issued.
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`For the ’809 Patent, Orca’s Platform practices one or more claims and was offered for sale,
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`sold, or in use in the United States at least as early as August 15, 2023, when the ’809 Patent
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`issued.
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`For the ’926 Patent, Orca’s Platform practices one or more claims and was offered for sale,
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`sold, or in use in the United States at least as early as August 29, 2023, when the ’926 Patent
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`issued.
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`For the ’326 Patent, Orca’s Platform practices one or more claims and was offered for sale,
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`sold, or in use in the United States at least as early as October 3, 2023, when the ’326 Patent issued.
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`Orca is continuing its investigation of the facts and may supplement, amend, and/or modify
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`this response as further information becomes available. Orca may supplement, amend, and/or
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`modify this response as discovery proceeds and at a reasonable time in accordance with the
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`Scheduling Order.
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`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 6 (June 21, 2024):
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`Subject to and without waiving the foregoing General and Specific Objections, Orca further
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`responds as follows:
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`108
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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 5 of 9 PageID #: 3360
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`At least as early as 2019-2020, Orca has offered for sale, sold, and/or publicly demonstrated
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`certain inventions embodied in claims 1, 9, and 16 of the ’031 Patent, claims 1, 18, and 22 of the
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`’032 Patent, claims 1, 13, and 22 of the ’685 Patent, claims 1, 16, and 19 of the ’809 Patent, claims
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`1, 14, and 15 of the ’926 Patent, and claims 1, 15, and 18 of the ’326 Patent.
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`Throughout 2019 and 2020, Orca published numerous articles and other public documents
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`describing the functionality of Orca’s Platform including inventions embodied in the asserted
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`claims of the Asserted Patents. For example, on June 12, 2019, Orca published an article
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`describing Orca’s Platform and its functionalities, including Orca’s “SideScanning™ engine” that
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`“provide[s] full stack visibility” into “all virtual assets” and “[d]etects application vulnerabilities,
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`critical security misconfigurations, compromised assets and use of leaked credentials.” See
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`https://orca.security/resources/blog/orca-security-reinventing-security-visibility-for-the-cloud-
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`era/ (“Orca Security: Reinventing Security Visibility for the Cloud Era” (June 12, 2019)). Also
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`on June 12, 2019, Orca announced that it received $6.5 million in seed funding for Orca’s Platform.
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`See
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`https://orca.security/resources/blog/orca-security-lands-6-5m-seed-round-to-deliver-it-
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`security-teams-unprecedented-full-stack-cloud-visibility-securing-high-velocity-cloud-growth/
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`(“Orca Security Lands $6.5M Seed Round to Deliver IT Security Teams Unprecedented Full Stack
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`Cloud Visibility, Securing High-Velocity Cloud Growth” (June 12, 2019)). As another example,
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`on February 13, 2020, Orca published an article describing the Orca Platform’s functionality to
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`detect weak passwords.
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` See https://orca.security/resources/blog/how-orcas-cloud-security-
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`solution-detects-weak-passwords (“How Orca’s Cloud Security Solution Detects Weak
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`Passwords” (Feb. 13, 2020)). Orca continued to publish articles describing Orca’s Platform
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`throughout 2020. See, e.g., https://orca.security/resources/blog/not-all-risks-are-equal-why-
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`context-matters-in-cloud-security/ (“Not all Risks are Equal: Why Context Matters in Cloud
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`109
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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 6 of 9 PageID #: 3361
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`
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`Security” (Feb. 3, 2020)); https://orca.security/resources/blog/lateral-movement-attack/ (“Identify
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`Lateral Movement Risks
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`in Your Cloud
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`(Pre-Breach)”
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`(July
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`1,
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`2020));
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`https://orca.security/resources/blog/orca-security-series-b-funding/ (“Cloud security was broken.
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`We’re fixing it.” (Dec. 8, 2020)). Also in 2020, Orca published white papers describing Orca’s
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`Platform and its functionalities, including Orca’s CSPM, SideScanning™, vulnerability and
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`sensitive data scanning, alerts, and severity and/or risk determinations and prioritization, among
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`other things. See, e.g., ORCA_0011488; see also SideScanning™ Technical Brief (May 2020).
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`Orca also made various public presentations and videos demonstrating relevant features of
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`Orca’s Platform throughout 2019-2020. For example, Orca posted a video dated October 21, 2019
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`demonstrating Orca’s Platform and its functionalities, including integration with cloud computing
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`environments,
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`and
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`detection
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`of
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`vulnerabilities
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`and
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`sensitive
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`data.
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`
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`See
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`https://www.youtube.com/watch?v=VwZ-7guGHw0 (Orca Security, “Orca Security-Deep Cloud
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`Inspection” (Oct. 21, 2019)). As another example, Orca presented Orca’s Platform at CPX360 in
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`New Orleans in January 2020, during which Orca described, for example, the functionalities of
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`Orca’s Platform including vulnerability and sensitive data detection functionalities. See
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`https://orca.security/resources/video/cloud-security-cpx360-2020-winner-of-20x20-innovation-
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`challenge/ (“#CPX360 2020 Winner of 20X20 Innovation Challenge” (Jan. 2020)). And, as
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`another example, Orca’s video from 2020 shows scanning AWS, GCP, and Azure cloud
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`computing
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`environments
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`using
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`read-only
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`APIs.
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`
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`See
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`https://orca.security/resources/video/sidescanning-a-cloud-environment-mri/ (“An MRI for Your
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`Cloud Environment” (2020)). Orca also published a video in which it described Orca’s Platform’s
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`functionality to perform scanning of AWS cloud computing environments using an API. See
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`https://www.youtube.com/watch?v=QdBsE2VqjpU (“AWS Onboarding with Orca Security | Orca
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`110
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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 7 of 9 PageID #: 3362
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`
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`Security and its Partners” (Apr. 21, 2020)). Orca published another video describing its
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`SideScanning™ in May 2020. See https://www.youtube.com/watch?v=hMLySmHvzFw (Orca
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`Security, “Orca Presentation” (May 12, 2020). And Orca published a webinar describing Orca’s
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`Platform’s functionalities to perform agentless scanning of all assets across cloud computing
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`environments, such as AWS, detect vulnerabilities, scan inactive or stopped virtual machines, and
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`provide alerts and risk level determinations. See https://orca.security/resources/on-demand-
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`webinar/x-ray-vision-for-public-cloud/ (“How I got ‘X-ray and thermal vision’ across our public
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`cloud infrastructure” (Sept. 2020)).
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`Orca is continuing its investigation of the facts and may supplement, amend, and/or modify
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`this response as further information becomes available.
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`INTERROGATORY NO. 7:
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`For each Asserted Claim of the Asserted Patents, identify any secondary considerations or
`objective indicia of non-obviousness, describing with specificity and precision all facts and
`circumstances, and identifying all Documents and Persons relating to your contention, including
`without limitation all facts and evidence on which you intend to rely to allege a nexus between
`such secondary considerations or objective indicia and the subject matter covered by any claim.
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`RESPONSE TO INTERROGATORY NO. 7:
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`Orca incorporates all of its General Objections as if specifically set forth herein. Orca
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`further objects to this Interrogatory as overly broad, unduly burdensome, and not proportional to
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`the needs of the case, including because it requests identification of “all facts and circumstances,”
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`“all Documents and Persons relating to your contention,” and “all facts and evidence.” Orca
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`objects to this Interrogatory on the grounds that the Asserted Patents are presumed valid under 35
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`U.S.C. § 282, and the burden of establishing invalidity of a patent or any claim thereof shall rest
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`on the party asserting such invalidity. Orca objects to this interrogatory because Wiz has not
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`provided any contentions that any claim of any Asserted Patent is obvious. Orca objects to this
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`111
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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 8 of 9 PageID #: 3363
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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`Orca incorporates by reference its responses, including supplements thereto, to
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`Interrogatory No. 12.
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`Orca is continuing its investigation of the facts and may supplement, amend, and/or modify
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`this response as further information becomes available.
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`OF COUNSEL:
`Douglas E. Lumish
`Lucas Lonergan
`LATHAM & WATKINS LLP
`140 Scott Drive
`Menlo Park, CA 94025
`(650) 328-4600
`
`Blake R. Davis
`Peter Hoffman
`LATHAM & WATKINS LLP
`505 Montgomery Street, Suite 2000
`San Francisco, CA 94111
`(415) 391-0600
`
`Kristina D. McKenna
`Christopher Henry
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`(617) 948-6000
`
`Ryan Thomas Banks
`LATHAM & WATKINS LLP
`650 Town Center Drive, 20th Floor
`Costa Mesa, CA 92626
`(714) 540-1235
`
`Nicole Elena Bruner
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW, Suite 1000
`Washington, DC 20004
`(202) 637-2200
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`July 12, 2024
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`MORRIS, NICHOLS, ARSHT &TUNNELL LLP
`
`/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
`
`Attorneys for Plaintiff Orca Security Ltd.
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`137
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`Case 1:23-cv-00758-JLH-SRF Document 143-9 Filed 09/11/24 Page 9 of 9 PageID #: 3364
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`CERTIFICATE OF SERVICE
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`I hereby certify that on July 12, 2024, copies of the foregoing were caused to be
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`served upon the following in the manner indicated:
`
`Frederick L. Cottrell, III, Esquire
`Kelly E. Farnan, Esquire
`Christine D. Haynes, Esquire
`RICHARD, LAYTON & FINGER, P.A.
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`Attorneys for Defendant
`
`Jordan R. Jaffe, Esquire
`Catherine Lacey, Esquire
`Callie Davidson, Esquire
`Alex Miller, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, CA 94105
`Attorneys for Defendant
`
`Praatika Prasad, Esquire
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019-6022
`(212) 999-5800
`Attorneys for Defendant
`
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`
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
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`VIA ELECTRONIC MAIL
`
`
`/s/ Rodger D. Smith II
`_______________________________
`Rodger D. Smith II (#3778)
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