`Wiz, Inc. v. Orca Security Ltd.
`IPR2024-01109
`
`
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`WHEREAS,theparties met and conferred and agreethat 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 motionatits discretion;
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`WHEREAS, the parties have agreedto toll discovery obligations, which does not impact
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`this Court’s current Rule 16 Order, pendinga ruling on this Stipulation and [Proposed] Order;
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`NOW THEREFORE,theparties 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. Theparties shall jointly notify the Court within five (5) business
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`days ofthe final written decision in each IPR. And, within 10 business days of the issuance ofa
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`final written decision in the last of the IPRsto resolve, the parties shall meet and confer and jointly
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`file a status report explaining how they 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 IPRsofthe ’809, °926,
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`and 326 patents, then within 10 days ofthe last institution decision on those patents, the parties
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`shall meet and confer and jointly file a status report explaining how they propose proceeding in
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`light of the PTAB’s decisions. If the parties cannot agree on how to proceed wheneitherof the
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`above-discussed status reports is submitted, they shall request a conference with the Court.
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`4,
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`Pending further Order ofthis Court, all discovery obligations are stayed, and no
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`party shall take any action the sole purpose of which is to advancethis litigation other than in
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`relation to the IPR proceedings and/or movingtolift the stay, provided however, that the parties
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`may pursue proceduresto facilitate the disclosure of information produced in this case in the Wiz
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`
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`IPRs without violating the stay. With regard to any discovery requests that are pending asof the
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`date ofthis stipulation and order, subject to any Court Order entered after or whenthestayis lifted,
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`the respondingparty shall have thirty (30) days to respond from the date the stayislifted;
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`5.
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`After conferring with opposing counsel, any party may movetolift the stay at any
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`time, recognizing the Court’s inherent authority to act on any such motion atits 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 thestay to the full extent permitted by law. This paragraphis not intended to provide
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`for an accrual of damages other than that provided by law.
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`
`
`Morris, NICHOLS, ARSHT &TUNNELL LLP
`
`RICHARDS, LAYTON & FINGER, P.A.
`
`/s/ Cameron P. Clark
`Jack B. Blumenfeld (#1014)
`Rodger D. Smith IT (#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
`eclark@morrisnichols.com
`
`/s/ Christine D. Haynes
`Frederick L. Cottrell, ITI (#2555)
`Kelly E. Farnan (#4395)
`Christine D. Haynes (#4697)
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlficom
`farnan@rlf.com
`haynes@rlf.com
`
`Attorneys for Plaintiff and Counterclaim-
`Defendant Orca SecurityLtd.
`
`Attorneys for Defendant and Counterclaim-
`Plaintiff Wiz, Ine
`
`Dated: January 15, 2025
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`SO ORDERED,this (le\\day of January, 2025
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`
`
`
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