throbber
Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 1 of 12 PageID
`#: 6070
`
`EXHIBIT D
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 2 of 12 PageID
`#: 6071
`
`Davidson, Callie
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Blake,
`
`Jaffe, Jordan
`Wednesday, January 1, 2025 8:56 AM
`Blake.Davis@lw.com; Zang, Lisa; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz
`RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order
`Cancelling Deadline
`
`Happy new year. We do not agree these changes are necessary or appropriate for the reasons we have already
`discussed. We will be filing our motion to stay using the draft form of stay attached to my 12/30 email, subject to a final
`review. We currently plan to file on Friday. We will present Orca’s proposed form of a stay as attached to your 12/30
`email. The Court can decide which version is appropriate.
`
`Best regards,
`
`Jordan R. Jaffe | Partner | Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300 | San Francisco, CA 94105
`415.498.0556 | jjaffe@wsgr.com | LinkedIn
`
`From: Blake.Davis@lw.com <Blake.Davis@lw.com>
`Sent: Tuesday, December 31, 2024 8:35 AM
`To: Jaffe, Jordan <jjaffe@wsgr.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`EXT - blake.davis@lw.com
`
`Jordan,
`
`Regarding “(i) to amend the pleadings to assert new causes of action,” that is a compromise to Wiz’s removal of
`paragraph 5. Wiz is requesting this stay, and has asked that the case be stayed now, including to delay ongoing discovery
`such as Wiz’s substantial completion of the document productions that Orca has been pursuing for months. Wiz’s past
`and future productions include confidential and AEO information subject to the protective order in this matter and may
`include information that pertains to additional civil causes of action. And, as Wiz knows, the deadline to amend
`pleadings has not passed. In the absence of Wiz’s agreement to toll relevant statutes of limitations as Orca proposed in
`original paragraph 5, there is no reason for Wiz to dispute including a mechanism for the parties to raise new claims.
`
`The stipulation is clear how those new claims would work. Paragraph 2 of the draft states “This case is stayed as to all
`claims asserted by either party.” Thus, new claims (and any response or motion to dismiss) would be stayed by the plain
`language of the stipulation, in the same way that Wiz’s claims are stayed.
`
`As to “except as provided in paragraph 3 below,” our edit clarifies two things: (1) the stipulation to stay does not
`automatically continue through final written decisions in each of the Wiz IPRs if institution is denied on one or more
`IPRs, and (2) filing a status report and requesting a conference is not a violation of the stay. Our original draft made
`1
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 3 of 12 PageID
`#: 6072
`those conditions express, which we understood was not in dispute in view of your email stating Wiz’s edits to paragraph
`2 were only intended to clarify the paragraphs.
`
`Best,
`Blake
`
`Blake R. Davis
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`From: Jaffe, Jordan <jjaffe@wsgr.com>
`Sent: Monday, December 30, 2024 7:11 PM
`To: Davis, Blake (Bay Area) <Blake.Davis@lw.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`Blake,
`
`This seems new: “than (i) to amend the pleadings to assert new causes of action.” That wasn’t include in prior drafts
`from Orca and it is unclear how that would even work. E.g., would a party answer in response to new causes of action?
`Move to dismiss? And if so, how is the litigation actually stayed? It’s also unclear why Wiz would agree to that as part of
`a stay pending IPRs either, especially when it is agreeing to stay its own pending counterclaims that are not subject to
`any IPR proceedings.
`
`This addition to paragraph also seems unnecessary and unclear. The “except” clause refers to a paragraph that does not
`modify the stay by its own terms—the Court must act to lift/modify the stay as appropriate. So it is unclear how that
`paragraph is an exception to the stay in and of itself. And Paragraph 3 remains regardless, so it’s already stated that the
`parties can file a status report based on the 3 other IPR institution decisions.
`
`We’re available to discuss if helpful.
`
`Best regards,
`
`Jordan R. Jaffe | Partner | Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300 | San Francisco, CA 94105
`415.498.0556 | jjaffe@wsgr.com | LinkedIn
`
`2
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 4 of 12 PageID
`#: 6073
`
`From: Blake.Davis@lw.com <Blake.Davis@lw.com>
`Sent: Monday, December 30, 2024 6:54 PM
`To: Jaffe, Jordan <jjaffe@wsgr.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`EXT - blake.davis@lw.com
`
`Jordan,
`
`We do not have yet have sign off from Orca, but in an effort to move things forward we’ve accepted you changes and
`made two additional edits in the attached. Please let us know if Wiz agrees to these edits.
`
`Best,
`Blake
`
`Blake R. Davis
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`From: Jaffe, Jordan <jjaffe@wsgr.com>
`Sent: Monday, December 30, 2024 3:37 PM
`To: Davis, Blake (Bay Area) <Blake.Davis@lw.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`Blake,
`
`Please see attached. On what is now Paragraph 2, the goal for the edits was for clarity—it is mostly moving things
`around.
`
`Let us know if we have agreement on the attached and we can get on file.
`
`Best regards,
`
`Jordan R. Jaffe | Partner | Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300 | San Francisco, CA 94105
`415.498.0556 | jjaffe@wsgr.com | LinkedIn
`
`From: Blake.Davis@lw.com <Blake.Davis@lw.com>
`Sent: Friday, December 27, 2024 9:54 AM
`To: Jaffe, Jordan <jjaffe@wsgr.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`3
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 5 of 12 PageID
`#: 6074
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`EXT - blake.davis@lw.com
`
`Jordan,
`
`So that we can discuss with Orca, can you please let us know if Wiz agrees on paragraphs 1-4 and 6, and that paragraph
`5 is the only potential dispute?
`
`Best,
`Blake
`
`Blake R. Davis
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`From: Jaffe, Jordan <jjaffe@wsgr.com>
`Sent: Thursday, December 26, 2024 7:09 PM
`To: Davis, Blake (Bay Area) <Blake.Davis@lw.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`Blake,
`
`Subject to further review and client input, we may be able to work with you on Paragraphs 3 and 6.
`
`Wiz will not agree to Paragraph 5. There are only two relevant options here: (1) Either Orca knows of a claim (or claims)
`it wants tolled, and is refusing to tell Wiz what they are; or (2) Orca does not know of such a claim at the moment, which
`is what you all stated during our last meet and confer. In option 2, the statute of limitations is not running on a claim
`you’re unaware of, subject to the law on inquiry notice and the like.
`
`To the extent that Orca contends its unknown or unidentified claims are equitably tolled as a matter of law, it is free to
`make such an argument after a stay is lifted without Paragraph 5 included. The parties can then litigate it at that time.
`
`Best regards,
`
`Jordan R. Jaffe | Partner | Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300 | San Francisco, CA 94105
`415.498.0556 | jjaffe@wsgr.com | LinkedIn
`
`From: Blake.Davis@lw.com <Blake.Davis@lw.com>
`Sent: Thursday, December 26, 2024 3:37 PM
`To: Jaffe, Jordan <jjaffe@wsgr.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`4
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 6 of 12 PageID
`#: 6075
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`EXT - blake.davis@lw.com
`
`Jordan,
`
`Happy holidays. To address your questions:
`
`Regarding paragraph 3, Orca intends to move for a protective order in the IPRs allowing Orca to submit confidential
`and/or AEO information in the IPRs. We sent a draft protective order to the folks from WSGR that have appeared in the
`IPRs on Monday. I’m attaching that email here for reference. While we hope there won’t be any issues that would
`require the district court’s involvement in issues relating to the submission of confidential or AEO information in the
`IPRs, we want to ensure that if disputes over such information arise, there is a mechanism in place for the district court
`to evaluate them notwithstanding a stay.
`
`Regarding paragraph 5, there is no reason for Wiz to object to this. The tolling contemplated by this provision is the
`same as that provided as a matter of law in circumstances like those the parties face here, with civil causes of action
`equitably tolled for the duration of a stay. See, e.g., Ramirez v. County of Nassau, 345 F.R.D. 397, 404 (E.D.N.Y. 2024)
`(“[w]here parties are ordered or agree by stipulation to suspend proceedings during the pendency of legal proceedings,
`the time during which a party is prevented from obtaining legal relief is not counted for purposes of statutes of
`limitations.”) (collecting cases). Likewise, paragraph 6 is not intended to provide for an accrual of damages other than
`that provided by law.
`
`Best,
`Blake
`
`Blake R. Davis
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`From: Jaffe, Jordan <jjaffe@wsgr.com>
`Sent: Thursday, December 26, 2024 10:58 AM
`To: Davis, Blake (Bay Area) <Blake.Davis@lw.com>; Zang, Lisa <lzang@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`Hi Blake,
`
`Happy holidays to you and the team. Thanks for the sending over this draft. A few immediate questions/comments,
`subject to a more detailed review and discussions with our client:
`
`5
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 7 of 12 PageID
`#: 6076
`- What does this intend to refer to in Paragraph No. 3: “provided however, that the parties may pursue
`procedures to facilitate the disclosure of information produced in this case in the Wiz IPRs without violating the
`stay.”
`- Wiz will not agree to Paragraph 5 for the reasons we discussed during our last meet and confer. If you’re aware
`of any Court adopting such a provision over the objection of another party in a motion to stay pending IPR,
`please let us know and we can consider it.
`Re Paragraph 6: Does this intend to provide for a more or different accrual of damages during the stay other
`than is provided by law?
`
`-
`
`Best regards,
`
`Jordan R. Jaffe | Partner | Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300 | San Francisco, CA 94105
`415.498.0556 | jjaffe@wsgr.com | LinkedIn
`
`From: Blake.Davis@lw.com <Blake.Davis@lw.com>
`Sent: Thursday, December 26, 2024 9:41 AM
`To: Zang, Lisa <lzang@wsgr.com>; Jaffe, Jordan <jjaffe@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`EXT - blake.davis@lw.com
`
`Lisa,
`
`We’ve conferred with Orca and attached is a proposal for a stipulated stay per our discussion last week, including
`addressing the items we raised on the meet and confer. Please let us know if Wiz agrees to the attached or if you would
`like to have another meet and confer to discuss.
`
`Best,
`Blake
`
`Blake R. Davis
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`From: Davis, Blake (Bay Area) <Blake.Davis@lw.com>
`Sent: Tuesday, December 24, 2024 8:08 AM
`To: Zang, Lisa <lzang@wsgr.com>; Jaffe, Jordan <jjaffe@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`Hi Lisa,
`
`6
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 8 of 12 PageID
`#: 6077
`
`As we mentioned on our meet and confer, we had not yet had an opportunity to discuss with our client. We are still
`conferring with Orca and expect we’ll be able to provide our position this week, as well as to address the inaccuracies in
`your summary below.
`
`Happy holidays to you and your team.
`
`Best,
`Blake
`
`Blake R. Davis
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`From: Zang, Lisa <lzang@wsgr.com>
`Sent: Monday, December 23, 2024 3:47 PM
`To: Davis, Blake (Bay Area) <Blake.Davis@lw.com>; Jaffe, Jordan <jjaffe@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; #C-M ORCA SECURITY - WIZ - LW TEAM
`<orcasecuritywiz.lwteam@lw.com>
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`Orca Counsel,
`
`We write to follow up on our meet and confer last Wednesday, December 18, 2024. During that call, you stated that
`there was a potential path by which Orca agrees to a stay pending resolution of Wiz’s IPRs, subject to client sign
`off/input. You further stated that to the extent your client agreed, Orca would revert with its proposed form of
`stipulation by early next week. We have not heard from you. Given the holiday this week, we are following up now.
`
`Orca also noted that Orca would condition its agreement to a stay on certain items, including tolling of the statute of
`limitations for some unknown claims for both sides. When asked what claims Orca wanted to be tolled, Orca counsel
`answered “I don’t know.” The other express conditions Orca discussed were regarding what happens if the other 3 IPRs
`are not instituted, and accrual of damages during a stay.
`
`We have not heard from you regarding Orca’s position. Please provide Orca’s proposed form of stipulation or,
`alternatively, confirm Orca’s position on Wiz’s motion so that we can raise this with the Court promptly.
`
`Best regards,
`Lisa
`
`From: Zang, Lisa <lzang@wsgr.com>
`Sent: Tuesday, December 17, 2024 2:34 PM
`To: Blake.Davis@lw.com; Jaffe, Jordan <jjaffe@wsgr.com>; JBlumenfeld@morrisnichols.com;
`RSmith@morrisnichols.com; cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`7
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 9 of 12 PageID
`#: 6078
`
`Blake,
`
`Thanks. 1 p.m. PT tomorrow works for us. I’ll circulate a Zoom invite.
`
`Best,
`Lisa
`
`From: Blake.Davis@lw.com <Blake.Davis@lw.com>
`Sent: Tuesday, December 17, 2024 2:16 PM
`To: Jaffe, Jordan <jjaffe@wsgr.com>; JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com;
`cclark@morrisnichols.com; orcasecuritywiz.lwteam@lw.com
`Cc: Farnan@RLF.com; Cottrell@RLF.com; haynes@rlf.com; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>
`Subject: RE: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`EXT - blake.davis@lw.com
`
`Jordan,
`
`We’re available to meet and confer tomorrow from 9-10am pacific or 1-3pm pacific, or Thursday from 9am-12pm. Let us
`know what works for you.
`
`Best,
`Blake
`
`Blake R. Davis
`
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111-6538
`Direct Dial: +1.415.395.8033
`Email: blake.davis@lw.com
`https://www.lw.com
`
`From: Jaffe, Jordan <jjaffe@wsgr.com>
`Sent: Tuesday, December 17, 2024 10:24 AM
`To: JBlumenfeld@morrisnichols.com; RSmith@morrisnichols.com; cclark@morrisnichols.com; #C-M ORCA SECURITY -
`WIZ - LW TEAM <orcasecuritywiz.lwteam@lw.com>
`Cc: farnan@rlf.com; Cottrell, Fred <Cottrell@RLF.com>; Haynes, Christine D. <haynes@rlf.com>; WSGR - Orca Wiz
`<WSGR-Orca-Wiz@wsgr.com>
`Subject: FW: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`Orca counsel,
`
`Per the below, please let us know when you’re available to meet and confer regarding Wiz’s anticipated motion to stay
`in accordance with the Court’s discovery procedures.
`
`Best regards,
`
`Jordan R. Jaffe | Partner | Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300 | San Francisco, CA 94105
`415.498.0556 | jjaffe@wsgr.com | LinkedIn
`
`8
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 10 of 12 PageID
`#: 6079
`
`From: ded_nefreply@ded.uscourts.gov <ded_nefreply@ded.uscourts.gov>
`Sent: Tuesday, December 17, 2024 10:08 AM
`To: ded_ecf@ded.uscourts.gov
`Subject: Activity in Case 1:23-cv-00758-JLH-SRF Orca Security Ltd. v. Wiz, Inc. Order Cancelling Deadline
`
`EXT - ded_nefreply@ded.uscourts.gov
`
`This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail
`because the mail box is unattended.
`***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and
`parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if
`receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges,
`download a copy of each document during this first viewing. However, if the referenced document is a transcript, the
`free copy and 30 page limit do not apply.
`
`U.S. District Court
`
`District of Delaware
`
`Notice of Electronic Filing
`
`The following transaction was entered on 12/17/2024 at 1:07 PM EST and filed on 12/17/2024
`Case Name:
`Orca Security Ltd. v. Wiz, Inc.
`Case Number:
`1:23-cv-00758-JLH-SRF
`Filer:
`Document Number:223(No document attached)
`
`Docket Text:
`ORAL ORDER: Having reviewed the parties' respective letters regarding institution of IPRs
`(D.I. [218], [220]), IT IS HEREBY ORDERED that the December 23, 2024 Markman Hearing is
`CONTINUED. Defendant's anticipated motion to stay should be raised in accordance with the
`Court's discovery dispute procedures. The Court will promptly reschedule the Markman
`Hearing if it determines that the stay should not be granted. IT IS FURTHER ORDERED that
`that parties shall file a joint status report on or before January 22, 2025. Ordered by Judge
`Jennifer L. Hall on 12/17/2024. (ceg)
`
`1:23-cv-00758-JLH-SRF Notice has been electronically mailed to:
`
`Jack B. Blumenfeld Jbbefiling@mnat.com, jblumenfeld@mnat.com, mnat_IP_eFiling@morrisnichols.com
`
`Frederick L. Cottrell, III cottrell@rlf.com, PStewart@RLF.com
`
`Rodger Dallery Smith, II rdsefiling@mnat.com, mnat_IP_eFiling@morrisnichols.com, rsmith@mnat.com
`
`Kelly E. Farnan farnan@rlf.com, linda-loveless-5548@ecf.pacerpro.com, loveless@rlf.com
`
`Christine Dealy Haynes haynes@rlf.com, bouchard@rlf.com
`
`9
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 11 of 12 PageID
`#: 6080
`Jordan R. Jaffe jjaffe@wsgr.com, jordan-jaffe-8590@ecf.pacerpro.com
`
`Lisa D. Zang lzang@wsgr.com, alexandra.bautista@wsgr.com
`
`Cameron Paul Clark cclark@mnat.com
`
`Alex Miller alex.miller@wsgr.com, rpezzimenti@wsgr.com
`
`Callie Davidson ccdavidson@wsgr.com
`
`Praatika Prasad pprasad@wsgr.com
`
`1:23-cv-00758-JLH-SRF Filer will deliver document by other means to:
`
`This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the
`intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly
`prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the
`original and any copies of this email and any attachments thereto.
`_________________________________
`
`This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the
`intended recipient. Any review, disclosure, reliance or distribution by others or forwarding without express permission
`is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies including any
`attachments.
`
`Latham & Watkins LLP or any of its affiliates may monitor electronic communications sent or received by our networks
`in order to protect our business and verify compliance with our policies and relevant legal requirements. Any personal
`information contained or referred to within this electronic communication will be processed in accordance with the
`firm's privacy notices and Global Privacy Standards available at www.lw.com.
`
`This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the
`intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly
`prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the
`original and any copies of this email and any attachments thereto.
`
`This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the
`intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly
`prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the
`original and any copies of this email and any attachments thereto.
`
`This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the
`intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly
`prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the
`original and any copies of this email and any attachments thereto.
`
`This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the
`10
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 230-4 Filed 01/13/25 Page 12 of 12 PageID
`#: 6081
`intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly
`prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the
`original and any copies of this email and any attachments thereto.
`
`This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the
`intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly
`prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the
`original and any copies of this email and any attachments thereto.
`
`11
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket