Case 1:23-cv-00758-JLH Document 61-1 Filed 05/14/24 Page 1 of 3 PageID #: 1571
`Case 1:23-cv-00758-JLH Document 61-1 Filed 05/14/24 Page 1 of 3 PagelD #: 1571
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`EXHIBIT A
`EXHIBIT A
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`Case 1:23-cv-00758-JLH Document 61-1 Filed 05/14/24 Page 2 of 3 PageID #: 1572
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`140 Scott Drive
`Menlo Park, California 94025
`Tel: +1.650.328.4600 Fax: +1.650.463.2600
`www.lw.com
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`March 29, 2024
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`VIA EMAIL:
`Jordan Jaffe
`Wilson Sonsini Goodrich & Rosati
`One Market Plaza, Spear Tower, Suite 3300
`San Francisco, CA 94105
`jjaffe@wsgr.com
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`Dear Mr. Jaffe:
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`FIRM / AFFILIATE OFFICES
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`Re: Orca Security Ltd. v. Wiz, Inc., C.A. No. 23-758-JLH
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`We write in regards to Wiz’s deficient document production and responses to Orca’s First
`Set of Requests for Production and Interrogatories. As an initial matter, the majority of Wiz’s
`responses—for 61 RFPs and four interrogatories—merely include objections and an agreement to
`meet and confer at an unspecified time. See March 22, 2024 Wiz’s Objections and Responses to
`Orca’s First Set of Requests for Production (Nos. 1-83) at RFP Nos. 10-31, 35-39, 41, 43-48, 50-
`59, 62-66, 68, 70-72, 75-76, 78-83; March 22, 2024 Wiz’s Objections and Responses to Orca’s
`First Set of Interrogatories (Nos. 1-16) at Interrogatory Nos. 7, 14-16. We request that Wiz be
`prepared to discuss each of these RFPs and interrogatories at the parties’ forthcoming meet and
`confer on April 4, 2024.
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`Next, Wiz states for some RFPs that Wiz intends to collect and produce certain categories
`of documents. See RFP Responses 1-9, 32-34, 40, 42, 49, 60-61, 67, 69, 73-74, 77. Wiz has not,
`however, produced any documents and does not state when such document productions will be
`made. While Orca disagrees with Wiz’s unilateral narrowing of the scope of these RFPs, including
`as discussed below, please confirm that Wiz will produce at least the scope of responsive
`documents it has agreed to for these requests no later than April 4, 2024.
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`Likewise, Wiz’s responses to Interrogatory Nos. 1-3, 6, and 11 state that responses “may
`be determined by examining, auditing, compiling, abstracting, or summarizing Wiz’s business
`records” and that “[s]uch information may be found in Wiz’s forthcoming productions.” Putting
`aside whether Rule 33(d) is appropriate, Wiz’s responses to these interrogatories are entirely
`deficient because Wiz does not “specify[] the records that must be reviewed, in sufficient detail to
`enable the interrogating party to locate and identify them as readily as the responding party could.”
`Fed R. Civ. P. 33(d)(1). Please confirm that Wiz will provide supplemental responses to these
`interrogatories no later than April 4, 2024.
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`Case 1:23-cv-00758-JLH Document 61-1 Filed 05/14/24 Page 3 of 3 PageID #: 1573
`March 29, 2024
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`Furthermore, although Wiz has not yet produced any documents, its responses to Orca’s
`interrogatories and requests for production indicate that Wiz intends to improperly limit its
`document search in at least two manners. First, Wiz responds to several of Orca’s Requests for
`Production and Interrogatories by stating it will only search for documents after May 30, 2023
`through the filing of the Complaint. See RFP Responses 1-9, 32-34, 40, 42, 49, 60-61, 67, 69, 73-
`74, 77 and General Objection 4; Interrogatory Responses 1-3, 6, 11. These self-imposed time
`constraints are improper. Rule 4(e) of Delaware’s Default Standard for Discovery permits
`discovery by default up to six years before filing of the Complaint, and Orca’s requests expressly
`seek documents from January 1, 2019 onward. See February 21, 2024 Orca’s First Set of Requests
`for Production (Nos. 1-83) at Instruction 13; Collabo Innovations, Inc. v. Omnivision Techs., Inc.,
`No. 16-CV-197-JFB-SRF, D.I. 214 at 7-8, report and recommendation adopted, 2018 WL
`11025810, at *2 (D. Del. Aug. 8, 2018) (granting motion to compel post-suit discovery as relevant
`to establishing direct and indirect infringement claims). Furthermore, while Orca acknowledges
`that the earliest issuance date of the Asserted Patents is May 30, 2023, each Asserted Patent claims
`priority to a provisional application filed in 2019, and discovery prior to May 30, 2023 is
`particularly relevant to Wiz’s willful infringement, royalties, demand for the patented features, and
`validity, among various other issues. See, e.g., Abbott Diabetes Care, Inc. v. Dexcom, Inc., C.A.
`No. 21-977 (KAJ) at 31 (D. Del. 2023) (“As a finding of willfulness requires an examination of
`the totality of the circumstances of the case, conduct that occurred prior to the issuance of a patent
`may support a finding of willfulness.” (internal quotation marks omitted)); Perfect Web Techs.,
`Inc. v. Infousa, Inc., 587 F.3d 1324, 1332 (Fed. Cir. 2009) (admitting pre-issuance evidence to
`show that invention satisfied long-felt and unmet need); see also RFP Responses 1-9, 32-34, 40,
`42, 49, 60-61, 67, 69, 73-74, 77 and General Objection 4; Interrogatory Responses 1-3, 6, 11. And
`given that the requested discovery relates to information that is relatively recent, Orca expects that
`pre-issuance discovery will not impose undue burden. If Wiz disagrees, we expect that it will
`provide a full explanation of any burden to collect and produce documents from 2019 to the present
`at the parties’ meet and confer. Second, Wiz states it will not produce any documents or respond
`to any interrogatories that seek information related to “Related Patents.” See RFP Responses 49,
`73, 77 and General Objection 16; Interrogatory Responses, General Objection 16. That is
`improper, particularly considering Wiz’s own discovery requests seek broad discovery for Orca’s
`“Related Patents.” See February 14, 2024 Wiz’s First Set of Requests for Production (Nos. 1-60)
`at RFP Nos. 1-10, 14-15, 18-22, 26-27, 29, 34-41. Please confirm that Wiz will collect and produce
`documents for “Related Patents” as requested in RFP Nos. 49, 50, 62, 72, 73, 75, 76, and 77.
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`The foregoing particular deficiencies in Wiz’s discovery responses are exemplary, and
`made without limitation to additional deficiencies that we may identify as our investigation
`continues.
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`Best regards,
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`Blake Davis
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