Case 1:23-cv-00758-JLH-SRF Document 168-4 Filed 10/10/24 Page 1 of 5 PageID #: 4342
`Case 1:23-cv-00758-JLH-SRF Document 168-4 Filed 10/10/24 Page 1 of 5 PagelD #: 4342
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`EXHIBIT 3
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` EXHIBIT 3
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`Case 1:23-cv-00758-JLH-SRF Document 168-4 Filed 10/10/24 Page 1 of 5 PagelD #: 4342
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`EXHIBIT 3
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` EXHIBIT 3
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`Case 1:23-cv-00758-JLH-SRF Document 168-4 Filed 10/10/24 Page 2 of 5 PageID #: 4343
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ORCA SECURITY LTD.,
`
`
`
`
`
`
`C.A. No. 23-758 (JLH)
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`v.
`
`
`WIZ, INC.,
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`ORCA SECURITY LTD.’S RESPONSES AND OBJECTIONS TO WIZ, INC.’S
`SECOND SET OF REQUESTS FOR PRODUCTION OF
`DOCUMENTS AND THINGS (NOS. 61-73)
`
`Pursuant to Federal Rules of Civil Procedure 26 and 34 and the District of
`
`Delaware’s Local Rule 26, Plaintiff Orca Security Ltd. (“Orca” or “Plaintiff”) objects and responds
`
`to Wiz, Inc.’s (“Defendant” or “Wiz”) Second Set of Requests for Documents (“Request” or
`
`“Requests”) as set forth below.
`
`GENERAL OBJECTIONS
`
`Orca’s General Objections to Wiz’s First Set of Requests for Production of
`
`Documents and Things (Nos. 1-60), served March 15, 2024, are incorporated herein by reference.
`
`Those general objections also are incorporated by reference into Orca’s responses to each and
`
`every Request addressed below.
`
`SPECIFIC OBJECTIONS AND RESPONSES
`
`REQUEST NO. 61:
`
`All Documents and Things showing or Relating to Orca’s use of and access to the
`Prisma Cloud platform (for marketing or competitive intelligence) or other materials which
`compare Orca to Prisma Cloud, including but not limited to all information which informed the
`development of the content at https://orca.security/resources/blog/prisma-cloud-security/ (last
`accessed June 11, 2024).
`
`
`
`
`
`Case 1:23-cv-00758-JLH-SRF Document 168-4 Filed 10/10/24 Page 3 of 5 PageID #: 4344
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`
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`REQUEST NO. 72
`
`All Documents and Things showing or Relating to Orca’s competitive business
`intelligence activities, including but not limited to all communications with and documents
`Relating to CGI GROUP.
`
`RESPONSE TO REQUEST FOR PRODUCTION NO. 72:
`
`Orca incorporates all of its General Objections as if specifically set forth herein.
`
`Orca further objects to this Request as overly broad, unduly burdensome, not proportional to the
`
`needs of the case, and because it seeks irrelevant information, including, for example, because it
`
`is unlimited in time and seeks “All Documents and Things” and “all” communications and
`
`documents, without regard to whether the subject matter it targets relates, in any way, to the parties
`
`or their claims and defenses. Orca also objects to this Request as vague and ambiguous, for
`
`example as to the terms and phrases “competitive business intelligence activities” and “CGI
`
`GROUP.” Orca further objects to this Request to the extent that it seeks information protected by
`
`the attorney-client privilege, work-product immunity, and/or any other exception or privilege.
`
`Subject to, as limited by, and without waiving the foregoing General Objections
`
`and Specific Objections, Orca states that it will not produce documents requested by this Request
`
`at this time, but Orca is willing to meet and confer with Wiz regarding same, e.g., to discuss
`
`whether and how this Request may be reasonably narrowed and how, if at all, it relates to Wiz’s
`
`claims.
`
`REQUEST NO. 73
`
`All Documents and Things showing or Relating to Orca’s competitive business
`intelligence activities Relating to Wiz, including but not limited to all communications with and
`documents Relating to CGI GROUP.
`
`
`11
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`
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`Case 1:23-cv-00758-JLH-SRF Document 168-4 Filed 10/10/24 Page 4 of 5 PageID #: 4345
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`
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 73:
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`Orca incorporates all of its General Objections as if specifically set forth herein.
`
`Orca further objects to this Request as overly broad, unduly burdensome, not proportional to the
`
`needs of the case, and because it seeks irrelevant information, including, for example, because it
`
`is unlimited in time and seeks “All Documents and Things” and “all” communications and
`
`documents, without regard to whether the subject matter it targets relates, in any way, to the
`
`parties’ claims and defenses. Orca also objects to this Request as vague and ambiguous, for
`
`example as to the terms and phrases “competitive business intelligence activities” and “CGI
`
`GROUP.” Orca further objects to this Request to the extent that it seeks information protected by
`
`the attorney-client privilege, work-product immunity, and/or any other exception or privilege.
`
`Subject to, as limited by, and without waiving the foregoing General Objections
`
`and Specific Objections, Orca states that it will not produce documents requested by this Request
`
`at this time, but Orca is willing to meet and confer with Wiz regarding same, e.g., to discuss
`
`whether and how this Request may be reasonably narrowed and how, if at all, it relates to Wiz’s
`
`claims.
`
`
`
`
`
`
`
`
`OF COUNSEL:
`
`Douglas E. Lumish
`Lucas Lonergan
`LATHAM & WATKINS LLP
`140 Scott Drive
`Menlo Park, CA 94025
`(650) 328-4600
`
`
`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.
`
`12
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`
`
`Case 1:23-cv-00758-JLH-SRF Document 168-4 Filed 10/10/24 Page 5 of 5 PageID #: 4346
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`
`
`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
`
`July 15, 2024
`
`
`
`
`13
`
`
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