Case 1:23-cv-00758-JLH-SRF Document 166-10 Filed 10/09/24 Page 1 of 6 PageID #: 4303
`Case 1:23-cv-00758-JLH-SRF Document 166-10 Filed 10/09/24 Page 1 of 6 PagelD #: 4303
`
`EXHIBIT 9
`
` EXHIBIT 9
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 166-10 Filed 10/09/24 Page 2 of 6 PageID #: 4304
`
`Prasad, Praatika
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`EXT - krissy.mckenna@lw.com
`
`
`Krissy.McKenna@lw.com
`Thursday, July 25, 2024 12:16 PM
`Zang, Lisa; orcasecuritywiz.lwteam@lw.com; RSmith@morrisnichols.com;
`JBlumenfeld@MNAT.com
`WSGR - Orca Wiz; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`RE: Orca v. Wiz: Orca's Core Technical Document Production
`
`Lisa,
`
`It is apparent that Wiz has not inspected Orca’s documents, git history, and source code before complaining that they
`are deficient. As we already explained, Orca did not just produce “source code.” In conjunc(cid:415)on with the source code,
`Orca also produced the complete git history and over 30,000 documents, including JIRA and confluence documents
`describing Orca’s AI, auto remedia(cid:415)on, graph visualiza(cid:415)on, and a(cid:425)ack path analysis features as noted in my prior email.
`Merely referring to all of the paragraphs in your counterclaims does not move the ball forward in terms of what
`informa(cid:415)on you contend has not been produced.
`
`We are happy to compare Orca’s compliance with its “core technical document” requirement with Wiz’s, as you have
`done in your email. As you are aware, at the (cid:415)me Wiz produced its “core technical documents,” Wiz had not made any
`source code available for inspec(cid:415)on and produced only three customer-facing documents. Three weeks later, Wiz finally
`produced a por(cid:415)on of just two versions of its source code, stripped of the code for numerous accused func(cid:415)onali(cid:415)es
`and inten(cid:415)onally removing git history documenta(cid:415)on stored with the code. Even a(cid:332)er stripping its code of this relevant
`informa(cid:415)on and corresponding documenta(cid:415)on describing it, Wiz incorrectly contended that such limited code cured
`Wiz’s failure to even search for relevant informa(cid:415)on. Wiz argued, “the ‘core technical document’ produc(cid:415)on deadline
`does not require that every technical document that may exist be produced by that date; it only requires documents
`‘sufficient to show.’” C. Lacey Email (Apr. 9, 2024). Even now, Orca iden(cid:415)fied numerous deficiencies in Wiz’s “technical”
`document produc(cid:415)on nearly a month ago, which Wiz refused to address un(cid:415)l finally producing some documents three
`days ago but refusing to tell Orca which deficiencies those documents purportedly address. At a minimum, a comparison
`of Orca’s produc(cid:415)on to Wiz’s demonstrates Orca has complied with its core technical document produc(cid:415)on.
`
`We will con(cid:415)nue to inves(cid:415)gate whether addi(cid:415)onal technical documents exist and supplement our produc(cid:415)on
`accordingly.
`
`Best,
`Krissy
`
`From: Zang, Lisa <lzang@wsgr.com>
`Sent: Tuesday, July 23, 2024 8:25 PM
`To: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>; RSmith@morrisnichols.com; JBlumenfeld@MNAT.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz: Orca's Core Technical Document Production
`
`Krissy,
`
`
`1
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 166-10 Filed 10/09/24 Page 3 of 6 PageID #: 4305
`
`As Orca previously argued, a “li(cid:415)gant’s decision to produce source code does not relieve it of its obliga(cid:415)on to produce
`other core technical documents.” D.I. 58 (quo(cid:415)ng Cirba Inc. v. VMWare, Inc., 2021 WL 7209447, at *6). Orca should
`either confirm that no responsive documents exist, or produce the relevant documents. Based on the response below,
`however, it appears that Orca simply may not have searched for relevant internal technical documents.
`
`If Orca has searched for relevant internal technical documents and not found any, please confirm so in wri(cid:415)ng. If Orca
`has not conducted such a search and does not intend to, please explain why this is the case and provide your availability
`to meet and confer on 7/24 or 7/25.
`
`
`Thanks,
`Lisa
`
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Tuesday, July 23, 2024 9:06 AM
`To: Zang, Lisa <lzang@wsgr.com>; orcasecuritywiz.lwteam@lw.com; RSmith@morrisnichols.com;
`JBlumenfeld@MNAT.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz: Orca's Core Technical Document Production
`
`
`EXT - krissy.mckenna@lw.com
`
`
`
`Lisa,
`
`
`As noted in my prior email, the majority of Orca’s non-public informa(cid:415)on rela(cid:415)ng to its AI func(cid:415)onali(cid:415)es is found in the
`source code and git history—both of which Orca has made en(cid:415)rely available to Wiz for inspec(cid:415)on. Is it your posi(cid:415)on that
`Wiz has already inspected that source code and git history (combined with the documents iden(cid:415)fied in my prior email)
`and does not understand the opera(cid:415)on thereof, or has Wiz not yet inspected the source code for the specific
`func(cid:415)onali(cid:415)es you iden(cid:415)fy?
`
`
`Best,
`Krissy
`
`
`From: Zang, Lisa <lzang@wsgr.com>
`Sent: Monday, July 22, 2024 4:15 PM
`To: McKenna, Krissy (BN) <Krissy.McKenna@lw.com>; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>; RSmith@morrisnichols.com; JBlumenfeld@MNAT.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz: Orca's Core Technical Document Production
`
`
`Krissy,
`
`
`Thank you for iden(cid:415)fying the noted documents. Orca’s technical produc(cid:415)on, however, is s(cid:415)ll insufficient. For example,
`none of the documents you iden(cid:415)fy describe either the accused AI-powered search (Wiz counter claims ¶¶ 95 – 104) or
`AI security posture management (AI-SPM) (Wiz counter claims ¶¶ 115 – 124). These documents also do not provide
`sufficient descrip(cid:415)on of Orca’s a(cid:425)ack path analysis and popula(cid:415)on of Orca’s graph database (at least Wiz counter claims
`¶¶ 44 – 47, 59 – 65, 76 - 80).
`
`
`Please provide your availability to meet and confer on this issue on July 22, 23, or 24. Thanks.
`
`
`Best,
`Lisa
`
`2
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 166-10 Filed 10/09/24 Page 4 of 6 PageID #: 4306
`
`
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Monday, July 15, 2024 9:45 PM
`To: Zang, Lisa <lzang@wsgr.com>; orcasecuritywiz.lwteam@lw.com; RSmith@morrisnichols.com;
`JBlumenfeld@MNAT.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell@RLF.com; Farnan@RLF.com; haynes@rlf.com
`Subject: RE: Orca v. Wiz: Orca's Core Technical Document Production
`
`
`EXT - krissy.mckenna@lw.com
`
`
`
`Lisa,
`
`
`We are surprised to get this request for a meet and confer given Wiz s(cid:415)ll has not responded to the document produc(cid:415)on
`deficiencies Orca iden(cid:415)fied three weeks ago. We have followed up on that email twice already, including twice
`reques(cid:415)ng Wiz’s availability for a conference to discuss the deficiencies. Wiz’s only response has been that it is
`“evalua(cid:415)ng” the issue. That was 10 days ago. Please provide a response confirming that Wiz will produce the iden(cid:415)fied
`missing documents or provide your availability to meet and confer this week.
`
`
`Regarding Orca’s core technical document produc(cid:415)on, your email misrepresents the record in sta(cid:415)ng that Orca has not
`produced “any technical documents.” Orca has produced (among other documents) thousands of pages from Orca’s
`non-public “Orca Knowledge Base” describing the Orca cloud security pla(cid:414)orm, over 13,000 documents from Jira and
`confluence, which inform the opera(cid:415)on of the complete source code for the accused features that you do not dispute
`has already been produced. These technical documents and source code collec(cid:415)vely are sufficient to show the opera(cid:415)on
`of Orca’s AI, auto remedia(cid:415)on, graph visualiza(cid:415)on, and a(cid:425)ack path analysis features (among others), including for
`example: ORCA_0001956, ORCA_0001983, ORCA_0002052, ORCA_0002057-ORCA_0002104,
`ORCA_0003332, ORCA_0003369, ORCA_0003384-ORCA_0003387. Of course, we are con(cid:415)nuing to inves(cid:415)gate whether
`there may be addi(cid:415)onal documents, including in response to Wiz’s third set of RFPs that were served on July 11 and that
`Orca will (cid:415)mely respond to by August 12. In the mean(cid:415)me, if there are specific por(cid:415)ons of the accused features that you
`contend you do not understand the opera(cid:415)on of from what has been produced, please iden(cid:415)fy specifically what you are
`referring to (e.g., by cita(cid:415)on to par(cid:415)cular paragraphs of your counterclaims) and we will further inves(cid:415)gate whether
`there are addi(cid:415)onal core technical documents for those features. We note, however, that the majority of Orca’s non-
`public informa(cid:415)on rela(cid:415)ng to its AI func(cid:415)onali(cid:415)es and auto remedia(cid:415)on func(cid:415)onality is found in the source code. Orca
`will con(cid:415)nue to supplement its document produc(cid:415)ons as relevant and responsive documents are located, as it has done
`consistently throughout this case.
`
`
`We are not available to meet and confer today (July 16), but should you find a conference s(cid:415)ll necessary on this issue,
`we can be available later this week or early next week, including to discuss Wiz’s response to the deficiencies in its
`document produc(cid:415)on that we iden(cid:415)fied on June 26.
`
`
`Best,
`Krissy
`
`
`From: Zang, Lisa <lzang@wsgr.com>
`Sent: Monday, July 15, 2024 5:56 PM
`To: #C-M ORCA SECURITY - WIZ - LW TEAM <orcasecuritywiz.lwteam@lw.com>; RSmith@morrisnichols.com;
`JBlumenfeld@MNAT.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell, Fred <Cottrell@RLF.com>; Farnan, Kelly E.
`<Farnan@RLF.com>; Haynes, Christine D. <haynes@rlf.com>
`Subject: RE: Orca v. Wiz: Orca's Core Technical Document Production
`
`
`Counsel,
`
`3
`
`

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`Case 1:23-cv-00758-JLH-SRF Document 166-10 Filed 10/09/24 Page 5 of 6 PageID #: 4307
`
`
`
`Following up on the email below. Please provide your availability for a meet and confer to be held tomorrow (Tuesday
`7/16) regarding Orca’s core technical document produc(cid:415)on. We are available during the window of 1 – 4 p.m. ET.
`
`
`Thanks,
`Lisa
`
`
`From: Zang, Lisa <lzang@wsgr.com>
`Sent: Friday, July 12, 2024 12:03 PM
`To: orcasecuritywiz.lwteam@lw.com; RSmith@morrisnichols.com; JBlumenfeld@MNAT.com
`Cc: WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Cottrell, Fred <Cottrell@RLF.com>; Farnan, Kelly E.
`<Farnan@RLF.com>; Haynes, Christine D. <haynes@rlf.com>
`Subject: Orca v. Wiz: Orca's Core Technical Document Production
`
`
`Counsel,
`
`
`The Court issued an amendment to the Scheduling Order in this case on June 25, se(cid:427)ng July 9 as the deadline for Orca
`to produce core technical documents related to the accused products. Between the issuance of the order and that date,
`Orca has not made any new produc(cid:415)ons.
`
`
`Wiz is s(cid:415)ll reviewing Orca’s previous produc(cid:415)ons, but to date has not found any technical documents regarding the
`accused AI features. We have not located any technical documents for Orca’s AI-Driven Cloud Security or AI powered
`search (including Search with Discovery AI) func(cid:415)onality. Further, Orca has not provided any documents describing the
`actual performance of Orca’s AI Security Posture Management, AI Bill of Materials, or AI Security Dashboard
`func(cid:415)onali(cid:415)es, as iden(cid:415)fied and described in Wiz’s counterclaims.
`
`
`Orca has also failed to provide documents sufficient to show the a(cid:425)ack path analysis, graph visualiza(cid:415)on and auto
`remedia(cid:415)on features as described in Wiz’s counterclaims.
`
`
`Orca itself previously argued that source code alone is insufficient to meet the requirement to produce core technical
`documents, which renders its failure not to produce any technical documents on or by the July 9 deadline surprising and
`even more egregious.
`
`
`Please provide your availability for a meet and confer to be held on Tuesday 7/16 during the window of 1 – 4 p.m. ET
`regarding Orca’s deficient core technical document produc(cid:415)on.
`
`
`Thanks,
`Lisa
`
`
`
`Lisa Zang | Partner | Wilson Sonsini Goodrich & Rosati
`1900 Avenue of the Stars, 28th Floor| Los Angeles, CA 90067 | direct: 424.446.6927 | lzang@wsgr.com
`
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`
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`4
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`Case 1:23-cv-00758-JLH-SRF Document 166-10 Filed 10/09/24 Page 6 of 6 PageID #: 4308
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`5
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