`5687
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`Kelly E. Farnan
`(302) 651-7705
`farnan@rlf.com
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`December 12, 2024
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`BY CM/ECF AND HAND DELIVERY
`The Honorable Jennifer L. Hall
`United States District Court
`844 North King Street
`Wilmington, DE 19801
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`Re: Orca Security Ltd. v. Wiz, Inc., C.A. No. 1:23-cv-00758-JLH
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`Dear Judge Hall:
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`We write to update your Honor on ongoing proceedings before the USPTO. In the operative
`Second Amended Complaint filed October 10, 2023, Orca alleges that Wiz infringes six patents:
`U.S. Patent Nos. 11,663,031, 11,663,032, 11,693,685, 11,726,809, 11,740,926, and 11,775,326
`(collectively, the “Asserted Patents”). All six patents are in the same patent family. Wiz has
`filed petitions for inter partes review (“IPR”) for all asserted claims in each asserted patent. See
`D.I. 80, 110, 126.
`
`On December 9, 2024, the Patent Trial and Appeal Board granted institution of the first three
`IPR petitions covering the ’031, ’032, and ’685 patents asserted by Orca. The institution
`decisions are attached. The statutory deadline for a final written decision on these three IPRs is
`thus December 9, 2025. Trial in this matter is currently set for March 2, 2026. D.I. 90. The
`three asserted patents subject to the institution decisions include disputed terms at issue at this
`Court’s upcoming claim construction hearing on December 23, 2024.1
`
`The remaining three IPRs have upcoming institution deadlines on January 20, 2025, for the ’809
`patent, February 17, 2025, for the ’926 patent, and February 19, 2025, for the ’326 patent. All
`six IPR petitions rely on the same primary prior art reference.
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`Given the institution decisions to date, the upcoming dates of institution for related patents with
`related asserted prior art, along with the fact discovery deadline of May 13, 2025 (D.I. 90), Wiz
`intends to move for a stay of the entire action (including Wiz’s counterclaims), in early January.
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`
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`1 This includes four terms that are only in the three instituted patents: (1) “(i) taking at least one
`snapshot, and (ii) requesting taking at least one snapshot of the virtual machine at rest,” in the
`’031 patent; (2) “virtual machine,” in the ’031 and ’685 patents; (3) “Remedial Action,” in the
`’031 and ’685 patents; and (4) “sensitive data,” in the ’685 patent.
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`Case 1:23-cv-00758-JLH-SRF Document 218 Filed 12/12/24 Page 2 of 2 PageID #:
`5688
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`Respectfully,
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`/s/ Kelly E. Farnan
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`Kelly E. Farnan (#4395)
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`cc: All Counsel of Record (CM/ECF)
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`-2-
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