Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 1 of 11 PageID #: 4490
`Case 1:23-cv-00758-JLH-SRF Document172-5 Filed 10/10/24 Page 1 of 11 PagelD #: 4490
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`EXHIBIT E
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` EXHIBIT E
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`Case 1:23-cv-00758-JLH-SRF Document172-5 Filed 10/10/24 Page 1 of 11 PagelD #: 4490
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`EXHIBIT E
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` EXHIBIT E
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 2 of 11 PageID #: 4491
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`DEFENDANT’S SUPPLEMENTAL RESPONSES AND OBJECTIONS TO
`PLAINTIFF’S THIRD SET OF REQUESTS FOR THE PRODUCTION OF
`DOCUMENTS AND THINGS
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`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Defendant Wiz, Inc.
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`(“Wiz” or “Defendant”) hereby supplements its responses to Plaintiff Orca Ltd.’s (“Plaintiff” or
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`“Orca”) Third Set of Requests (Nos. 91-92, 94-95, 97-99, 100-101, 103-109, 111-113) for
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`Production of Documents and Things (“Request” or “Requests”) as follows.
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`RESERVATION OF RIGHTS
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`Defendant’s responses are based on information currently available to Defendant.
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`Defendant reserves all rights to further supplement, revise, and/or amend these responses should
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`additional information become available through the discovery process or by other means.
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`Defendant also reserves the right to produce or use any information or documents that are
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`discovered after service of these responses in support of or in opposition to any motion, in
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`depositions, or at hearings or trial. In responding to Plaintiff’s Third Set of Requests for Production
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`of Documents and Things, Defendant does not waive any objection on the grounds of privilege,
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`confidentiality, competency, relevance, materiality, authenticity, admissibility of the information
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`contained in these responses, or any other objection.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 23-758-JLH
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`)))))))))
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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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`
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 3 of 11 PageID #: 4492
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`GENERAL OBJECTIONS
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`The following General Objections apply to each of Plaintiff’s Requests. Each response
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`provided below, and any production of documents are made subject to these General Objections as
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`well as subject to any specific objections to any Request, without waiver of any such objection.
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`1.
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`Defendant’s General Objections
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`to Plaintiff’s Requests, Definitions, and
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`Instructions in Defendants’ Responses to Orca’s First Set of Requests for Production, served
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`March 22, 2024 are incorporated herein by reference.
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`SPECIFIC OBJECTIONS AND RESPONSES TO REQUESTS
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`Subject to the foregoing general reservations and objections, as well as the specific
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`objections below, Defendant supplements its responses to Plaintiff’s Third Set of Requests (Nos.
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`91-92, 94-95, 97-99, 100-101, 103-109, 111-1137) for Production of Documents and Things as
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`follows:
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`REQUEST FOR PRODUCTION NO. 91:
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`All Documents, Communications, and Things relating to Wiz’s presentations,
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`demonstrations, speeches, publications, papers, or marketing materials at RSA Conference 2024
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`relating to the Accused Products, Accused Functionalities, Orca, Orca’s Platform, or this Action.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 91:
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`Defendant incorporates all of its general objections and reservations of rights as if
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`specifically set forth herein. Defendant specifically objects to this Request to the extent it seeks
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`information that is not relevant to the claim or defense of any party and is not proportional to the
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`needs of the case. Defendant objects to this Request to the extent it seeks information protected
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`from disclosure by the attorney-client privilege and/or work-product doctrine, or any other
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`applicable privilege or protection. Defendant objects to this Request as vague, ambiguous, overly
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`2
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 4 of 11 PageID #: 4493
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`broad, and unduly burdensome at least as to the phrases “[a]ll Documents, Communications, and
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`Things” and “relating to” regardless of relevance, volume, or time, and to the phrase “Wiz’s
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`presentations, demonstrations, speeches, publications, papers, or marketing materials . . . relating
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`to the Accused Products, Accused Functionalities, Orca, Orca’s Platform, or this Action.”
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`Defendant objects to this Request to the extent it seeks confidential information belonging to third
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`parties or otherwise subject to third-party confidentiality obligations.
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`Subject to and without waiving these objections, Defendant is willing to meet and confer
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`regarding this request.
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`SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 91:
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`Defendant objects as this request is duplicative to the extent it covers topics in other
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`requests for production already covered. Subject to and without waiving these objections,
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`Defendant has produced or will produce, to the extent they exist and can be reasonably located,
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`relevant, non-privileged documents in its possession, custody and/or control sufficient to show
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`Wiz’s marketing materials at RSA Conference 2024 relating to Orca, Orca’s Platform, this Action
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`or the specifically accused “snapshot” functionality as Wiz understands it.
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`REQUEST FOR PRODUCTION NO. 92:
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`All Documents Wiz made available at the live demonstration(s) of Wiz’s cloud security
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`platform at Booth 1435 of RSA Conference 2024, including all Documents that were accessible at
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`from the URLs “demo.wiz.io” and “docs.wiz.io.”
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 92:
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`Defendant incorporates all of its general objections and reservations of rights as if
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`specifically set forth herein. Defendant specifically objects to this Request to the extent it seeks
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`information that is not relevant to the claim or defense of any party and is not proportional to the
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`3
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 5 of 11 PageID #: 4494
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`
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`needs of the case. Defendant objects to this Request to the extent it seeks information protected
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`from disclosure by the attorney-client privilege and/or work-product doctrine, or any other
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`applicable privilege or protection. Defendant objects to this Request as vague, ambiguous, overly
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`broad, and unduly burdensome at least as to the phrases “[a]ll Documents,” “made available,” and
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`“were accessible at from” regardless of relevance, volume, or time, and to the phrases “made
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`available at the live demonstration(s) of Wiz’s cloud security platform”, and “including all
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`Documents that were accessible at from the URLs “demo.wiz.io” and “docs.wiz.io.”” Defendant
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`objects to this Request to the extent it seeks confidential information belonging to third parties or
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`otherwise subject to third-party confidentiality obligations.
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`Subject to and without waiving these objections, Defendant is willing to meet and confer
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`regarding this request.
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`SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 92:
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`Subject to and without waiving these objections, Defendant has produced or will produce,
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`to the extent they exist and can be reasonably located, relevant, non-privileged documents in its
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`possession, custody and/or control sufficient to show Documents Wiz made available at the live
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`demonstration(s) of Wiz’s cloud security platform at Booth 1435 of RSA Conference 2024 related
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`to the specifically accused “snapshot” functionality as Wiz understands it.
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`REQUEST FOR PRODUCTION NO. 93:
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`All Documents, Communications, and Things relating
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`to Wiz’s presentations,
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`demonstrations, speeches, publications, papers, or marketing materials at Wiz’s “party” at Mourad
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`on May 8, 2024.
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`4
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 6 of 11 PageID #: 4495
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 93:
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`Defendant incorporates all of its general objections and reservations of rights as if
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`specifically set forth herein. Defendant specifically objects to this Request to the extent it seeks
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`information that is not relevant to the claim or defense of any party and is not proportional to the
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`needs of the case, including because it seeks information regarding a “party.” Defendant objects
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`to this Request to the extent it seeks information protected from disclosure by the attorney-client
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`privilege and/or work-product doctrine, or any other applicable privilege or protection. Defendant
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`objects to this Request as vague, ambiguous, and unduly burdensome at least as to the phrase
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`“relating to” as used in this Request. Defendant objects to this Request as overly broad and unduly
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`burdensome as seeking “[a]ll Documents, Communications, and Things” regardless of relevance,
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`volume, or time and to the phrase “presentations, demonstrations, speeches, publications, papers,
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`or marketing materials.” Defendant objects to this Request to the extent it seeks confidential
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`information belonging to third parties or otherwise subject to third-party confidentiality
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`obligations.
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`REQUEST FOR PRODUCTION NO. 94:
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`All Documents and Communications relating to the Accused Products, Wiz’s financial
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`information (e.g., revenues, profits, pricing, forecasted or projected revenues, etc.), Orca, Orca’s
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`products, or this Action, that Wiz exchanged with or presented to any actual or potential investor
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`in Wiz’s Series E financing round announced on May 7, 2024, including but not limited to
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`Andreessen Horowitz, Lightspeed Venture Partners, Thrive Capital, Greylock and Wellington
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`5
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 7 of 11 PageID #: 4496
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`Management, Cyberstarts, Greenoaks, Howard Schultz, Index Ventures, Salesforce Ventures, and
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`Sequoia Capital.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 94:
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`Defendant incorporates all of its general objections and reservations of rights as if
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`specifically set forth herein. Defendant specifically objects to this Request to the extent it seeks
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`information that is not relevant to the claim or defense of any party and is not proportional to the
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`needs of the case. Defendant objects to this Request to the extent it seeks information protected
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`from disclosure by the attorney-client privilege and/or work-product doctrine, or any other
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`applicable privilege or protection. Defendant objects to this Request as vague, ambiguous, and
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`unduly burdensome at least as to the phrases “relating to,” “including but not limited to,” and “any
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`actual or potential investor” as used in this Request. Defendant objects to this Request as overly
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`broad and unduly burdensome as seeking “[a]ll Documents, Communications, and Things”
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`regardless of relevance, volume, or time and to the phrases “relating to the Accused Products, Wiz’s
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`financial information (e.g., revenues, profits, pricing, forecasted or projected revenues, etc.), Orca,
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`Orca’s products, or this Action,” and “that Wiz exchanged with or presented to any actual or
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`potential investor in Wiz’s Series E financing round announced on May 7, 2024.” Defendant
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`objects to this Request to the extent it seeks confidential information belonging to third parties or
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`otherwise subject to third-party confidentiality obligations.
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`Subject to and without waiving these objections, Defendant is willing to meet and confer
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`regarding this request.
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`SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 94:
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`Subject to and without waiving these objections, Defendant has produced or will produce,
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`to the extent they exist and can be reasonably located, relevant, non-privileged documents in its
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`6
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 8 of 11 PageID #: 4497
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`possession, custody and/or control sufficient to show information Wiz exchanged with or
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`presented to any actual or potential investor in Wiz’s Series E financing round announced on May
`
`7, 2024 related to Wiz’s finances, Orca, Orca’s products, this Action or the specifically accused
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`“snapshot” functionality as Wiz understands it.
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`REQUEST FOR PRODUCTION NO. 95:
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`All Documents and Things relating to the valuation of any intellectual property asset owned
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`or licensed by Wiz, including but not limited to valuation or appraisal reports prepared by Wiz or
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`third parties.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 95:
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`Defendant incorporates all of its general objections and reservations of rights as if
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`specifically set forth herein. Defendant specifically objects to this Request to the extent it seeks
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`information that is not relevant to the claim or defense of any party and is not proportional to the
`
`needs of the case. Defendant objects to this Request to the extent it seeks information protected
`
`from disclosure by the attorney-client privilege and/or work-product doctrine, or any other
`
`applicable privilege or protection. Defendant objects to this Request as vague, ambiguous, and
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`unduly burdensome at least as to the phrases “relating to,” “owned or licensed,” “including but not
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`limited to,” and “or third parties” as used in this Request. Defendant objects to this Request as
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`overly broad and unduly burdensome as seeking “[a]ll Documents and Things” regardless of
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`relevance, volume, or time and to the phrases “relating to the valuation of any intellectual property
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`asset owned or licensed by Wiz,” and “valuation or appraisal reports prepared by Wiz or third
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`parties.” Defendant objects to this Request to the extent it seeks confidential information
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`belonging to third parties or otherwise subject to third-party confidentiality obligations.
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`7
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 9 of 11 PageID #: 4498
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`from disclosure by the attorney-client privilege and/or work-product doctrine, or any other
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`applicable privilege or protection. Defendant objects to this Request as vague, ambiguous, and
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`unduly burdensome at least as to the phrases “relating to” and “including but not limited to” as
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`used in this Request. Defendant objects to this Request as overly broad and unduly burdensome
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`as seeking “[a]ll Documents and Things” regardless of relevance, volume, or time, and as to the
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`phrases “relating to Wiz’s internet advertising for the Accused Products and/or Accused
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`Functionalities, including on Google or other search engines,” and “including but not limited to,
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`total spent on advertising, geographic boundaries, timing, and keywords.” Defendant objects to
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`this Request to the extent it seeks confidential information belonging to third parties or otherwise
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`subject to third-party confidentiality obligations.
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`Subject to and without waiving these objections, Defendant is willing to meet and confer
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`regarding the relevance and scope of this Request.
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`SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 112:
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`Subject to and without waiving these objections, Defendant has produced or will produce,
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`to the extent they exist and can be reasonably located, relevant, non-privileged documents in its
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`possession, custody and/or control documents sufficient to show Wiz’s internet advertising for the
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`Accused Products and/or Accused Functionalities.
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`REQUEST FOR PRODUCTION NO. 113:
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`Board of director meeting minutes and presentations related to the Accused Products and/or
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`Accused Functionalities, Orca, or Orca’s Platform.
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`RESPONSE TO REQUEST FOR PRODUCTION NO. 113:
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`Defendant incorporates all of its general objections and reservations of rights as if
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`specifically set forth herein. Defendant specifically objects to this Request to the extent it seeks
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`25
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 10 of 11 PageID #:
`4499
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`information that is not relevant to the claim or defense of any party and is not proportional to the
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`needs of the case. Defendant objects to this Request to the extent it seeks information protected
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`from disclosure by the attorney-client privilege and/or work-product doctrine, or any other
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`applicable privilege or protection. Defendant objects to this Request as vague, ambiguous, and
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`unduly burdensome at least as to the phrase “related to” as used in this Request. Defendant objects
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`to this Request as overly broad and unduly burdensome as to the phrases “Board of director
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`meeting minutes and presentations” and “related to the Accused Products and/or Accused
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`Functionalities, Orca, or Orca’s Platform.” Defendant objects to this Request to the extent it seeks
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`confidential information belonging to third parties or otherwise subject to third-party
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`confidentiality obligations.
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`Subject to and without waiving these objections, Defendant is willing to meet and confer
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`regarding the relevance and scope of this Request.
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`SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 113:
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`Subject to and without waiving these objections, Defendant has produced or will produce,
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`to the extent they exist and can be reasonably located, relevant, non-privileged board of director
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`meeting minutes and presentations in its possession, custody and/or control documents related to
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`Orca or the specifically accused “snapshot” functionality as Wiz understands it.
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`REQUEST FOR PRODUCTION NO. 114:
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`All Documents, Communications, and Things relating to layoffs, reduction in force, or
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`furloughs by Wiz for any Persons involved in the design, development, testing, manufacture,
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`import, export, marketing, or sales of the Accused Products.
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`26
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`Case 1:23-cv-00758-JLH-SRF Document 172-5 Filed 10/10/24 Page 11 of 11 PageID #:
`4500
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`/s/ Christine D. Haynes
`Frederick L. Cottrell, III (#2555)
`Kelly E. Farnan (#4395)
`Christine D. Haynes (#4697)
`RICHARDS, LAYTON & FINGER, P.A.
`One Rodney Square
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`farnan@rlf.com
`haynes@rlf.com
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`Counsel for Defendant Wiz, Inc.
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`OF COUNSEL:
`
`Jordan R. Jaffe
`Lisa Zang
`Catherine Lacy
`Callie Davidson
`Alex Miller
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, CA 94105
`(415) 947-2000
`
`
`Praatika Prasad
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019-6022
`(212) 999-5800
`
`
`
`Dated: August 20, 2024
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`
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`28
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