Case 1:23-cv-00758-JLH-SRF Document 228-3 Filed 01/03/25 Page 1 of 6 PageID
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`EXHIBIT C
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`EXHIBIT C
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`Case 1:23-cv-00758-JLH-SRF Document 228-3 Filed 01/03/25 Page 2 of 6 PageID
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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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`)))))))))))))
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`ORCA SECURITY LTD.,
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`Plaintiff and
` Counterclaim-Defendant,
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`v.
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`WIZ, INC.,
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`Defendant and
` Counterclaim-Plaintiff.
`
`STIPULATION AND [PROPOSED] ORDER FOR
`STAY PENDING INTER PARTES REVIEW
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`IT IS HEREBY STIPULATED AND AGREED by the parties, subject to the approval of
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`the Court, that:
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`WHEREAS, Orca Security Ltd. (“Orca”) has alleged that Wiz, Inc. (“Wiz”) infringes
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`U.S. Patent Nos. 11,663,031, 11,664,032, 11,693,685, 11,726,809, 11,740,926, and 11,775,326
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`(collectively, the “Orca Asserted Patents”);
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`WHEREAS, Wiz has alleged that Orca infringes U.S. Patent Nos. 11,722,554,
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`11,929,896, 11,936,693, 12,001,549 and 12,003,529;
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`WHEREAS, Wiz filed petitions for inter partes review (“IPR”) with the Patent Trial and
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`Appeal Board (“PTAB”) against the ’031, ’032, and ’685 patents on May 24, 2024; against the
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`’809 patent on July 1, 2024; against the ’926 patent on July 31, 2024; and against the ’326 patent
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`on August 7, 2024 (collectively, the “Wiz IPRs”);
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`1
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`Case 1:23-cv-00758-JLH-SRF Document 228-3 Filed 01/03/25 Page 3 of 6 PageID
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`WHEREAS, the PTAB instituted IPRs of the ’031, ’032, and ’685 patents on December
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`9, 2024, and institution decisions on Wiz’s petitions for IPRs of the ’809, ’926, and ’326 patents
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`are expected by January 21, February 18, and February 19, 2025, respectively;
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`WHEREAS, the parties met and conferred and agree that a stay of this case is appropriate
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`under the present circumstances;
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`WHEREAS, each party wishes to preserve its ability to seek to lift the stay at any time,
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`recognizing the Court’s inherent authority to act on any such motion at its discretion;
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`WHEREAS, the parties have agreed to toll discovery obligations, which does not impact
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`this Court’s current Rule 16 Order, pending a ruling on this Stipulation and [Proposed] Order;
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`NOW THEREFORE, the parties hereby stipulate and agree, subject to the approval of the
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`Court, that:
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`1.
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`2.
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`The Scheduling Order (D.I. 33, D.I. 90) and all outstanding deadlines are vacated;
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`This case is stayed as to all claims asserted by either party through final written
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`decision in each of the Wiz IPRs, except as provided in paragraph 3 below. The parties shall
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`jointly notify the Court within five (5) business days of the final written decision in each IPR.
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`And, within 10 business days of the issuance of a final written decision in the last of the IPRs to
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`resolve, the parties shall meet and confer and jointly file a status report explaining how they
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`propose proceeding in light of the PTAB’s decisions.
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`3.
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`If institution is denied on one or more of Wiz’s petitions for IPRs of the ’809,
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`’926, and ’326 patents, then within 10 days of the last institution decision on those patents, the
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`parties shall meet and confer and jointly file a status report explaining how they propose
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`proceeding in light of the PTAB’s decisions. If the parties cannot agree on how to proceed when
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`2
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`Case 1:23-cv-00758-JLH-SRF Document 228-3 Filed 01/03/25 Page 4 of 6 PageID
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`either of the above-discussed status reports is submitted, they shall request a conference with the
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`Court.
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`4.
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`Pending further Order of this Court, all discovery obligations are stayed, and no
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`party shall take any action the sole purpose of which is to advance this litigation other than (i) to
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`amend the pleadings to assert new causes of action, (ii) moving to lift the stay, or (iii) in relation
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`to the IPR proceedings and/or moving to lift the stay, provided however, that the parties may
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`pursue procedures to facilitate the disclosure of information produced in this case in the Wiz
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`IPRs without violating the stay. With regard to any discovery requests that are pending as of the
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`date of this stipulation and order, subject to any Court Order entered after or when the stay is
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`lifted, the responding party shall have thirty (30) days to respond from the date the stay is lifted;
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`5.
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`After conferring with opposing counsel, any party may move to lift the stay at any
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`time, recognizing the Court’s inherent authority to act on any such motion at its discretion; and
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`6.
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`Any damages for the claims and counterclaims in this action shall continue to
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`accrue during the stay to the full extent permitted by law. This paragraph is not intended to
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`provide for an accrual of damages other than that provided by law.
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`3
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`Case 1:23-cv-00758-JLH-SRF Document 228-3 Filed 01/03/25 Page 5 of 6 PageID
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`MORRIS, NICHOLS, ARSHT &TUNNELL LLP
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`RICHARDS, LAYTON & FINGER, P.A.
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`/s/
`___________________________________
`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 and
`Counterclaim-Defendant Orca Security Ltd.
`
`/s/
`
`Frederick L. Cottrell, III (#2555)
`Kelly E. Farnan (#4395)
`Christine D. Haynes (#4697) One Rodney
`Square920 North King StreetWilmington, DE
`19801
`(302)
`651-7700cottrell@rlf.comfarnan@rlf.comhayn
`es@rlf.com
`
`Attorneys for Defendant and
`Counterclaim-Plaintiff Wiz, Inc
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`Dated: December 26, 2024
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`SO ORDERED, this ___ day of December, 2024.
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`UNITED STATES DISTRICT JUDGE
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`4
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`Case 1:23-cv-00758-JLH-SRF Document 228-3 Filed 01/03/25 Page 6 of 6 PageID
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`Summary report:
`Litera Compare for Word 11.5.0.74 Document comparison done on
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`Original filename: Exhibit C_Orca's Proposal.docx
`Modified filename: Exhibit B_Wiz's Proposal.docx
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