Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 1 of 34 PageID #: 2125
`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 1 of 34 PagelD #: 2125
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`EXHIBIT 1
`EXHIBIT 1
`
`

`

`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 2 of 34 PageID #: 2126
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`AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` District of Delaware
`__________ District of __________
`
`Civil Action No.
`
`23-758-JLH
`
`))))))
`
`Orca Security Ltd.
`
`Plaintiff
`v.
`Wiz, Inc.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`Check Point Software Technologies Inc.
`c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
` See Attachment A
`
`Place:
`
`Richards, Layton & Finger, P.A, Attn: Kelly E. Farnan
`920 N. King Street, Wilmington, DE 19801
`
`Date and Time:
`
`07/19/2024 4:00 pm
`
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`07/05/2024
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Kelly E. Farnan
`Attorney’s signature
`
`Wiz, Inc.
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Kelly E. Farnan, Richards, Layton & Finger, P.A., 920 N. King Street, Wilmington, DE 19801, farnan@rlf.com, (302)
`651-7700
`
`Notice to the person who issues or requests this subpoena
`A notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom
`it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

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`AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`23-758-JLH
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 4 of 34 PageID #: 2128
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`AO 88B (Rev. 12/13) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
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`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 5 of 34 PageID #: 2129
`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 5 of 34 PagelD #: 2129
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`ATTACHMENT A
`ATTACHMENT A
`
`

`

`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 6 of 34 PageID #: 2130
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`
`
`
`
`
`
`
`ATTACHMENT A
`
`Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Defendant Wiz, Inc. (“Wiz”)
`
`hereby requests that non-party Check Point Software Technologies Inc. (“Check Point”) produce
`
`the Documents and Things requested below under “Requests for Documents and Things”
`
`(“Requests”) by July 19, 2024 at the offices of Richards, Layton & Finger, P.A., 920 N. King
`
`Street, Wilmington, DE 19801, or at any such other place and date as may be mutually agreed.
`
`DEFINITIONS
`
`The words and phrases used in these Requests shall have the meanings ascribed to them
`
`under the Federal Rules of Civil Procedure and the Local Rules of the United States District Court
`
`for the District of Delaware. In addition, the following terms shall have the meanings set forth
`
`below whenever used in any Request, regardless of whether upper or lower case letters are used:
`
`1.
`
`“Checkpoint,” “You,” and “Your” mean Check Point Software Technologies Inc.,
`
`and any and all of its present or former subsidiaries, parents, affiliates, divisions, successors,
`
`predecessors, agents, employees, representatives, directors, officers, trustees, attorneys, and any
`
`other person or entity acting in whole or in part in concert with any of the foregoing.
`
`2.
`
`“Orca” and “Plaintiff” mean Orca Security Ltd., and any and all of its present or
`
`former subsidiaries, parents, affiliates, divisions, successors, predecessors, agents, employees,
`
`representatives, directors, officers, trustees, attorneys, and any other person or entity acting in
`
`whole or in part in concert with any of the foregoing.
`
`3.
`
`“Defendant” and “Wiz” mean Wiz, Inc., and any and all of its present or former
`
`subsidiaries, parents, affiliates, divisions, successors, predecessors, agents, employees,
`
`representatives, directors, officers, trustees, attorneys, and any other person or entity acting in
`
`whole or in part in concert with any of the foregoing.
`
` 1
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`
`
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`RLF1 31183625v.1
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`

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`
`
`
`
`
`
`
`4.
`
`This “Litigation” and “Lawsuit” mean the above-referenced action, Orca Security
`
`Ltd. v. Wiz, Inc., C.A. No. 23-00758-JLH, in the United States District Court for the District of
`
`Delaware.
`
`5.
`
`“Interest” means an interest of any kind in the subject matter of this Litigation
`
`and/or its outcome, financial or otherwise.
`
`6.
`
`“Patents-In-Suit” and “Asserted Patents” mean any patent that Orca has alleged
`
`in this Litigation to be infringed by Wiz. This includes United States Patent Nos. 11,663,031;
`
`11,663,032; 11,693,685; 11,726,809; 11,740,926; and 11,775,326, individually and collectively.
`
`7.
`
`“Named Inventor” and “Inventor” mean any Persons named as an inventor on any
`
`of the Asserted Patents.
`
`8.
`
`“Related Patent(s)” means any U.S. or foreign patent and patent application for
`
`which any applicant is also a Named Inventor on any Asserted Patent and that concerns the same
`
`or similar subject matter as any Asserted Patent, including any continuation, continuation in part,
`
`divisional, provisional, reexamination, reissue, or any other patent or patent application, whether
`
`domestic or foreign (including rejected, abandoned, or pending applications), of or relating to any
`
`Asserted Patent. Any Request that concerns the “Related Patent(s)” is meant to cover the Related
`
`Patent(s) as a whole plus each and every individual patent and/or patent application in the Related
`
`Patents.
`
`9.
`
`“File History” means the United States Patent and Trademark Office (“PTO”)
`
`records of all communications and all documents and things sent between the PTO and the patent
`
`applicant(s) in connection with the prosecution of the Asserted Patents.
`
` 2
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`RLF1 31183625v.1
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`
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`
`
`10.
`
`“Person(s)” means natural persons as well as business entities and associations of
`
`all sorts, including partnerships, companies, proprietorships, joint ventures, corporations,
`
`government agencies, and unincorporated associations.
`
`11.
`
`“Document” and “documents” are defined to be synonymous in meaning and
`
`equal in scope to the use of the term “documents or electronically stored information” in Federal
`
`Rule of Civil Procedure 34(a)(1)(A) and include, without limitation, any written, printed, recorded,
`
`electronic, or graphic matter that is or has been in Your actual or constructive possession or control,
`
`regardless of the medium on which it is produced, reproduced or stored (whether on paper, cards,
`
`charts, files, or printouts; tapes, discs, belts, videotapes, audiotapes, tape recordings, cassettes, or
`
`other types of video recording or transcription; computer tapes, databases, emails; pictures,
`
`photographs, slides, films, microfilms, motion pictures; or any other medium), and any other
`
`tangible item or thing of readable, recorded, or visual material of whatever nature, including
`
`without limitation originals, drafts (sent or unsent), electronic documents with included metadata,
`
`and all non-identical copies of each document (which, by reason of any variation, such as the
`
`presence or absence of handwritten notes or underlining, represent a distinct version).
`
`12.
`
`“Communication,” “communications,” and “communicated” mean and refer to
`
`any transmission, conveyance, or exchange of information or data whether by written, oral, or
`
`other means, including but not limited to electronic communications, electronic mail, documents
`
`(as set forth above), meetings, telephone conversations, interviews, correspondence, memoranda,
`
`contracts, agreements, or other documents and verbal or nonverbal actions intended or actually
`
`conveying information or data.
`
`13.
`
`“Relating” or “Related” means regarding, referring to, concerning, mentioning,
`
`reflecting, pertaining to, analyzing, evidencing, stating, involving, identifying, describing,
`
` 3
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`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 9 of 34 PageID #: 2133
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`
`
`
`
`
`
`
`discussing, documenting, commenting on, dealing with, embodying, responding to, supporting,
`
`contradicting, comprising, containing, or constituting (in whole or in part), as the context makes
`
`appropriate.
`
`14.
`
`“Thing” and “things” mean and include any tangible item other than a document
`
`and include, without limitation, product samples, prototypes, or disks or drives used to store copies
`
`of content for distribution to others.
`
`15.
`
`“Date” means the exact day, month, and year, if ascertainable, or if not, the best
`
`approximation thereof.
`
`16.
`
`“Entity” and “Entities” mean, including without limitation, corporation, company,
`
`firm, partnership, joint venture, association, governmental body or agency, or persons other than
`
`a natural person.
`
`17.
`
`“Third Party” and “Third Parties” mean any Person or Entity other than Wiz and
`
`Orca.
`
`18.
`
`The singular form of a word shall be interpreted as plural, and vice versa; the use
`
`of the masculine form of a pronoun also includes within its meaning the feminine form of the
`
`pronoun so used, and vice versa; and the use of any tense of any verb includes also within its
`
`meaning all other tenses of the verb so used.
`
`19.
`
`The connectives “and” and “or” shall be construed either disjunctively or
`
`conjunctively so as to acquire the broadest meaning possible, so as to bring within the scope of the
`
`Request all information that might otherwise be construed to be outside its scope.
`
`20.
`
`21.
`
`The term “all” is to be construed to mean “any” and “each” and vice versa.
`
`“Including” shall be construed to mean “including, without limitation” or
`
` 4
`
`
`
`“including, but not limited to.”
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`RLF1 31183625v.1
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`22.
`
`When referring to a person, “to identify” means to provide, to the extent known,
`
`the person’s full name, present or last known address, telephone number, and when referring to a
`
`natural person, additionally, the present or last known place of employment. Once a person has
`
`been identified in accordance with this subparagraph, only the name of that person need be listed
`
`in response to subsequent discovery requesting the identification of that person.
`
`23.
`
`When referring to non-patent Documents, “to identify” means to provide, to the
`
`extent known, the Document’s date of creation, bates number, storage location, and custodian, as
`
`well as the nature of and a summary of the relevant information contained within the identified
`
`Document.
`
`24.
`
`When referring to patent Documents, “to identify” means to provide, to the extent
`
`known, the country, patent and/or application number, Dates of filing, publications, and grant, and
`
`the names of patentees or applicants.
`
`25.
`
`When referring to a source or Thing, “to identify” means to provide sufficient
`
`information to identify the location, ownership, and nature of such source or Thing.
`
`26.
`
`When referring to an act, event, instance, occasion, transaction, conversation, or
`
`Communication, “Describe” means to (a) state the Date and place thereof; (b) Identify the
`
`individual participants; (c) summarize separately for each individual participant what he or she
`
`said or did; and (d) Identify each Document used or prepared in connection therewith or making
`
`any reference thereto.
`
` 5
`
`
`
`
`RLF1 31183625v.1
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`

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`INSTRUCTIONS
`
`The following instructions apply to the Requests below:
`
`1.
`
`If records for the entire requested time period or any portion of the requested time
`
`period have been destroyed, provide the records for the time period for which records are still in
`
`existence, and where possible, identify the destroyed records.
`
`2.
`
`If You cannot fully produce the documents requested below after exercising due
`
`diligence to secure them, respond, and produce document(s) to the extent possible, specify the
`
`portion of any request for production of documents to which You are unable fully to respond, state
`
`the facts upon which You base Your contention that You are unable fully to respond to such
`
`portion, and state any knowledge, information, or belief You have concerning such portion.
`
`3.
`
`If You object to a request, or any part of a request, produce all documents to which
`
`your objection does not apply.
`
`4.
`
`If there are no documents or things responsive to a particular request, you should
`
`so state in writing.
`
`5.
`
`If production of any document is withheld on the basis that it is protected from
`
`disclosure by the attorney-client privilege, the work product doctrine, or any other relevant
`
`privilege, each withheld document should be identified in a privilege log. The privilege log must
`
`identify each document separately, specifying:
`
`a.
`
`b.
`
`The author of the document;
`
`The person(s) for whom the document was prepared, to whom it was sent,
`
`and who received copies;
`
`c.
`
`d.
`
`The date of the document;
`
`The subject matter of the document;
`
` 6
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`RLF1 31183625v.1
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`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 12 of 34 PageID #: 2136
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`
`
`
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`
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`e.
`
`f.
`
`g.
`
`The type of document (e.g., letter, memorandum, note, report, etc.);
`
`The number of pages and attachments; and
`
`The nature and the basis for the claim of privilege.
`
`6.
`
`A copy of the Protective Order entered in this Litigation is attached to Exhibit 1 as
`
`Attachment B. If any of the responsive documents are considered “Confidential” or “Highly
`
`Confidential – Attorneys’ Eyes Only,” as those terms are defined in the Protective Order, such
`
`documents or things should be produced subject to the terms and provisions of the Protective
`
`Order.
`
`7.
`
`If You or Your attorneys know of the existence, past or present, of any document
`
`described in any of these requests, but such document is not presently in Your possession, custody,
`
`or control or in the possession, custody, or control of any of Your past and present predecessors,
`
`successors, parents, affiliates, subsidiaries, other legal entities wholly or partially owned or
`
`controlled by You or under Your common control, other legal entities wholly or partially owned
`
`or controlled by Your parents or affiliates or under their common control directors, offices,
`
`employees, agents, consultants, attorneys, and/or any other persons acting or purporting to act on
`
`Your behalf or the behalf of Your parents and affiliates, You shall so state in response to the
`
`request, identify such document in response to the request, and identify the individual in whose
`
`possession, custody, or control the document was last known to reside. If any responsive document
`
`has been destroyed or otherwise removed from Your custody or control, please state when, how,
`
`and why such document was destroyed or removed from Your custody.
`
` 7
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`
`
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`RLF1 31183625v.1
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`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 13 of 34 PageID #: 2137
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`REQUESTS FOR DOCUMENTS AND THINGS
`
`1.
`
`All agreements between Check Point and Avi Shua or Gil Geron, including but not
`
`limited to any employment agreements, consulting agreements, proprietary information and
`
`invention agreements (“PIIAs”), separation agreements, and/or termination agreements.
`
`2.
`
`All agreements between Check Point and Orca, including but not limited to any
`
`assignments, licenses, contracts, covenants, and any other agreements.
`
`3.
`
`All Documents, Communications, and Things relating to any work by the founders
`
`of Orca, including but not limited to Avi Shua and Gil Geron, on the ideas behind Orca (see e.g.,
`
`https://orca.security/about/) while employed by Check Point.
`
`4.
`
`All Documents, Communications, and Things relating to any work by the founders
`
`of Orca, including but not limited to Avi Shua and Gil Geron, on the business activities of Orca
`
`while employed by Check Point.
`
`5.
`
`All Documents, Communications, and Things relating to the Asserted Patents or
`
`the subject matter of the Asserted Patents.
`
`6.
`
`All Documents, Communications, and Things relating to any alleged inventions by
`
`Avi Shua or Gil Geron relating to the use of APIs to take snapshots of virtual machines in a cloud
`
`environment to scan and analyze vulnerabilities, while they were employed at Check Point.
`
`7.
`
`All Documents, Communications, and Things relating to Check Point’s
`
`consideration of the use of APIs to take snapshots of virtual machines in a cloud environment to
`
`scan and analyze vulnerabilities, including but not limited to by Dome9.
`
` 8
`
`
`
`
`RLF1 31183625v.1
`
`

`

`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 14 of 34 PageID #: 2138
`Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 14 of 34 PagelD #: 2138
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`ATTACHMENT B
`ATTACHMENT B
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`

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`Case 1:23-cv-00758-JLH Document 38 Filed 03/15/24 Page 1 of 20 PageID #: 1281Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 15 of 34 PageID #: 2139
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ORCA SECURITY LTD.,
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`
`Plaintiff,
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`
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`v.
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`WIZ, INC.,
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`
`
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`Defendant.
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`
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`
`
`C.A. No. 23-758 (JLH)
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`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`[PROPOSED] STIPULATED PROTECTIVE ORDER
`
`WHEREAS, Plaintiff Orca Security Ltd. (“Orca”) and Defendant Wiz, Inc. (“Wiz”),
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`hereafter referred to as “the Parties,” believe that certain information that is or will be encompassed
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`by discovery demands by the Parties involves the production or disclosure of trade secrets,
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`confidential information, and/or proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in
`accordance with
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`Federal Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`Each Party may designate as confidential for protection under this Order, in whole or in part,
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`any document, information or material that constitutes or includes, in whole or in part,
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`confidential or proprietary information or trade secrets of the Party or a Third Party to whom
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`the Party reasonably believes it owes an obligation of confidentiality with respect to such
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`document, information or material (“Protected Material”).
`
`a. Protected Material shall be designated by the Party producing it by affixing a
`legend or stamp on such document, information or material as follows:
`“CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
`“RESTRICTED CONFIDENTIAL SOURCE CODE.”
` The words
`“CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
`“RESTRICTED CONFIDENTIAL SOURCE CODE” shall be placed clearly on
`
`
`1.
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`
`
`

`

`
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`Case 1:23-cv-00758-JLH Document 38 Filed 03/15/24 Page 2 of 20 PageID #: 1282Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 16 of 34 PageID #: 2140
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`each page of the Protected Material (except native documents and deposition and
`hearing transcripts) for which such protection is sought.
`
`b. For natively produced Protected Material, the filename shall be the production
`number and the confidentiality designation shall be placed in the filename of each
`such natively produced document, and the slip sheet corresponding to the Protected
`Material shall include the production number and the confidentiality designation.
`In the event the receiving Party of natively produced Protected Material chooses to
`print or otherwise make a copy of such materials, the printout or copy must be
`marked with the confidentiality designation.
`
`c. For deposition transcripts, Parties or testifying persons or entities may designate
`depositions and other testimony (or portion thereof) with the appropriate
`designation pursuant to this Order by indicating on the record at the time the
`testimony is given or by sending written notice of how the transcript or portions
`thereof are designated within thirty (30) days of receipt of the transcript of the
`testimony. Access to the transcript so designated shall be limited in accordance
`with the terms of this Order. If no indication on the record is made, all information
`disclosed during a deposition shall be deemed “CONFIDENTIAL - ATTORNEYS’
`EYES ONLY” until the time within which it may be appropriately designated as
`provided for herein has passed. Any Protected Material that is used in the taking
`of a deposition or hearing shall remain subject to the provisions of this Protective
`Order, along with the transcript pages of the deposition or hearing testimony
`dealing with such Protected Material. In such cases the court reporter shall be
`informed of this Protective Order and shall be required to operate in a manner
`consistent with this Protective Order. In the event the deposition is videotaped, the
`original and all copies of the videotape (or portions thereof) shall be marked by the
`video technician to indicate that the contents of the videotape are subject to this
`Protective Order, substantially along the lines of “This videotape may contain
`confidential testimony used in this case and is not to be viewed or the contents
`thereof to be displayed or revealed except pursuant to the terms of the operative
`Protective Order in this matter or pursuant to written stipulation of the parties.”
`“CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
`“RESTRICTED CONFIDENTIAL SOURCE CODE” shall be placed on the cover
`page of the transcript (if not already present on the cover page of the transcript
`when received from the court reporter) by each attorney receiving a copy of the
`transcript after that attorney receives notice of the designation of some or all of that
`transcript.
`
`Any document produced before
`
`this Order with the designation
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`issuance of
`
`“CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” shall receive
`
`the same treatment as if designated as such under this Order, unless and until such document
`
`is redesignated to have a different classification under this Order.
`
`2
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`2.
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`
`
`

`

`
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`Case 1:23-cv-00758-JLH Document 38 Filed 03/15/24 Page 3 of 20 PageID #: 1283Case 1:23-cv-00758-JLH Document 96-1 Filed 07/05/24 Page 17 of 34 PageID #: 2141
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`3.
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`With respect to documents, information or material designated “CONFIDENTIAL,
`
`“CONFIDENTIAL
`
`- ATTORNEYS’ EYES ONLY,”
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`or
`
`“RESTRICTED
`
`CONFIDENTIAL SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the
`
`provisions herein and unless otherwise stated, this Order governs, without limitation: (a)
`
`all documents, electronically stored information, and/or things as defined by the Federal
`
`Rules of Civil Procedure; (b) all deposition testimony, or documents marked as exhibits or
`
`for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings
`
`and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions,
`
`extracts, digests and complete or partial summaries prepared from any DESIGNATED
`
`MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such
`
`under this Order.
`
`4.
`
`A designation of Protected Material (i.e., “CONFIDENTIAL,” “CONFIDENTIAL -
`
`ATTORNEYS’ EYES ONLY,” o