Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 1 of 148 PageID #: 1785
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`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
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`C.A. No. 23-0758-JLH
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`))))))))))
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`ORCA SECURITY LTD.,
`Plaintiff,
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`v.
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`WIZ, INC.
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`Defendant.
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`DEFENDANT WIZ INC.’S ANSWER TO SECOND AMENDED COMPLAINT AND
`COUNTERCLAIMS
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`Defendant and Counterclaim-Plaintiff Wiz, Inc. (“Wiz”) hereby responds to the Second
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`Amended Complaint (“Complaint”) for patent infringement (D.I. 15) of Plaintiff and
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`Counterclaim-Defendant Orca Security Ltd. (“Orca”) as follows. To the extent not specifically
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`admitted in the following paragraphs, the allegations in Orca’s Second Amended Complaint are
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`denied.
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`1.
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`2.
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`3.
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`INTRODUCTION AND SUMMARY OF THE ACTION1
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`Wiz denies the allegations in paragraph 1 of the Complaint.
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`Wiz denies the allegations in paragraph 2 of the Complaint.
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`Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations in paragraph 3 of the Complaint and on that basis, denies them.
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`1 Wiz has incorporated the headings that appear in the Second Amended Complaint. Wiz does
`not necessarily agree with the characterization of such headings and does not waive any right to
`object to those characterizations. Accordingly, to the extent that a particular heading can be
`construed as an allegation, Wiz specifically denies any such allegations.
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`-1-
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 2 of 148 PageID #: 1786
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`4.
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`Plaintiff’s allegations in paragraph 4 of the Complaint appear intended to reflect
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`the state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of Plaintiff’s patents.
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`5.
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`Plaintiff’s allegations in paragraph 5 of the Complaint appear intended to reflect
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`the state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of Plaintiff’s patents.
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`6.
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`Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations in paragraph 6 of the Complaint and on that basis, denies them.
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`7.
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`Plaintiff’s allegations in paragraph 7 of the Complaint appear intended to reflect
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`the state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of Plaintiff’s patents.
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`8.
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`Plaintiff’s allegations in paragraph 8 of the Complaint appear intended to reflect
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`the state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of Plaintiff’s patents.
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`9.
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`Wiz specifically denies that it infringes any valid claim of Plaintiff’s patents. Wiz
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`is without knowledge or information sufficient to form a belief as to the truth or falsity of the
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`remaining allegations in paragraph 9 of the Complaint and on that basis, denies them.
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`10. Wiz admits that the faces of what appear to be U.S. Patent Nos. 11,663,031 (the
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`“’031 patent”), 11,663,032 (the “’032 patent”), 11,693,685 (the “’685 patent”), 11,726,809 (the
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 3 of 148 PageID #: 1787
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`“’809 patent”), 11,740,926 (the “’926 patent”), and 11,775,326 (the “’326 patent”) list “Avi
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`Shua” as “Inventor.” Wiz denies that these patents issued on August 22, 2022, and specifically
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`denies that Wiz infringes any valid claim of Plaintiff’s patents.2 Wiz is without knowledge or
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`information sufficient to form a belief as to the truth or falsity of the remaining allegations in
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`paragraph 10 of the Complaint and on that basis, denies them.
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`11. Wiz denies the allegations in paragraph 11 of the Complaint.
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`12. Wiz denies the allegations in paragraph 12 of the Complaint.
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`WIZ AND ITS WIDESPREAD COPYING OF ORCA
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`13. Wiz admits that it was founded in January 2020 by Messrs. Rappaport, Luttwak,
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`Costica, and Reznik. Wiz further admits that Messrs. Rappaport, Luttwak, Costica, and Reznik
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`joined Microsoft after Microsoft acquired their prior cloud security company, Adallom, Inc.
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`(“Adallom”) and that they served as leaders of Microsoft’s Cloud Security Group. Wiz further
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`admits that, after years in the security industry at Adallom and Microsoft, the founders of Wiz
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`identified prior cloud security solutions as complex, fragmented, and generating too many alerts
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`for security teams. Wiz further admits that on or around December 9, 2020, Wiz emerged from
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`stealth with a cloud security solution that took a new approach and with a new architecture
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`allowing for seamless scanning of the entire cloud environment across compute types and cloud
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`services for vulnerabilities, configuration, network, and identity issues without agents or
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`sidecars. The remaining allegations of paragraph 13 appear intended to reflect the state of the
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`art, claim scope, an appropriate construction of any of the claim terms, the subject matter of the
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`2 Orca is likely referring to U.S. Patent No. 11,431,735, which was the first patent to issue in
`the family of asserted patents and issued on August 22, 2022. In response to a petition for inter
`partes review by Wiz, Orca statutorily disclaimed all challenged claims in the ‘735 patent,
`including all independent claims. See IPR2024-00220, Doc. No. 6.
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`-3-
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 4 of 148 PageID #: 1788
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`claims, or a claim of infringement, and Wiz therefore denies them. Wiz specifically denies that
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`it infringes any valid claim of Plaintiff’s patents.
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`14. Wiz admits that Messrs. Rappaport, Luttwak, Costica, and Reznik left Microsoft
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`at various dates and thereafter founded Wiz in January 2020. Wiz denies the remaining
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`allegations in paragraph 14 of the Complaint, and specifically denies that it infringes any valid
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`claim of Plaintiff’s patents or engaged in any actionable copying of Plaintiff.
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`15. Wiz admits that by in or around December 2020, it had a cloud security solution
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`that allowed for seamless scanning of the entire cloud environment across compute types and
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`cloud services for vulnerabilities, configuration, network, and identity issues without agents or
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`sidecars and that the solution delivered 360 degrees of visibility for cloud security teams by
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`highlighting the critical risks in cloud environments across all risk pillars, and with the goal to
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`empower security teams to know their clouds better than the developer teams. Wiz further
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`admits that Fortune 100 companies were among its early customers. Wiz further admits that it
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`issued the press release available at https://www.wiz.io/blog/100m-arr-in-18-months-wiz-
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`becomes-the-fastest-growing-software-company-ever on or around August 10, 2022. The press
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`release speaks for itself. Wiz further admits that by in or around February 2023, it had raised
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`$300 million at a $10 billion valuation. Wiz denies the remaining allegations in paragraph 15 of
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`the Complaint and specifically denies that it infringes any valid claim of Plaintiff’s patents or
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`engaged in any actionable copying of Plaintiff.
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`16. Wiz denies that it has engaged in any copying of “Orca’s technology.” Wiz is
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`without knowledge or information sufficient to form a belief as to the truth or falsity of the
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`remaining allegations in paragraph 16 of the Complaint and on that basis, denies them.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 5 of 148 PageID #: 1789
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`17. Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations in paragraph 17 of the Complaint and on that basis, denies them.
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`18. Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the remaining allegations in paragraph 18 of the Complaint and on that basis, denies
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`them.
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`19.
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`The allegations of paragraph 19 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies that it infringes any valid claim of
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`Plaintiff’s patents or engaged in any actionable copying of Plaintiff. Wiz is without knowledge
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`or information sufficient to form a belief as to the truth or falsity of the remaining allegations in
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`paragraph 19 of the Complaint and on that basis, denies them.
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`20.
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`The allegations of paragraph 20 include purported citation to a document from
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`Wiz’s website; that document speaks for itself. Wiz denies that it infringes any valid claim of
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`Plaintiff’s patents or engaged in any actionable copying of Plaintiff. Wiz is without knowledge
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`or information sufficient to form a belief as to the truth or falsity of the remaining allegations in
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`paragraph 20 of the Complaint and on that basis, denies them.
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`21.
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`The allegations of paragraph 21 include purported citation to Wiz’s website; that
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`website speaks for itself. Wiz denies that it infringes any valid claim of Plaintiff’s patents or
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`engaged in any actionable copying of Plaintiff. Wiz is without knowledge or information
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`sufficient to form a belief as to the truth or falsity of the remaining allegations in paragraph 21 of
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`the Complaint and on that basis, denies them.
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`22. Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegation that “Wiz showed up with its own coffee machine,” and, on that basis,
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`denies it. Wiz denies the remaining allegations of paragraph 22 of the Complaint, and
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 6 of 148 PageID #: 1790
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`specifically denies that it infringes any valid claim of Plaintiff’s patents or engaged in any
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`actionable copying of Plaintiff.
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`23. Wiz admits that it was issued U.S. Patent No. 11,374,982; that document speaks
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`for itself. Wiz denies copying Orca’s patents, its prosecution strategy, or its prosecuting
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`attorney. Wiz is without knowledge or information sufficient to form a belief as to the truth or
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`falsity of the remaining allegations in paragraph 23 of the Complaint and on that basis, denies
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`them.
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`24. Wiz denies the allegations in paragraph 24 of the Complaint.
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`25. Wiz denies hiring Orca’s outside corporate counsel to assist Wiz in an attempt to
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`copy Orca. Wiz is without knowledge or information sufficient to form a belief as to the truth or
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`falsity of the remaining allegations in paragraph 25 of the Complaint and on that basis, denies
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`them.
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`26. Wiz denies the allegations in paragraph 26 of the Complaint.
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`27. Wiz denies the allegations in paragraph 27 of the Complaint.
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`28. Wiz denies the allegations in paragraph 28 of the Compliant.
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`29. Wiz denies the allegations in paragraph 29 of the Complaint.
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`THE PARTIES
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`30. Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations in paragraph 30 of the Complaint and on that basis, denies them.
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`31. Wiz admits that Wiz, Inc. is a Delaware company with a principal place of
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`business at One Manhattan West, 57th Floor, New York, New York.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 7 of 148 PageID #: 1791
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`JURISDICTION AND VENUE
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`32. Wiz admits that this action invokes the United States patent laws, and that this
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`Court has subject matter jurisdiction over patent law claims pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`33. Wiz does not contest that this Court has personal jurisdiction solely for the
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`purposes of this particular action. Wiz specifically denies that it has committed any acts of
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`infringement within this district, or any other district. Otherwise denied.
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`34. Wiz does not contest that this Court has personal jurisdiction solely for the
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`purposes of this particular action. Wiz specifically denies that it has committed any acts of
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`infringement within this district, or any other district. Otherwise denied.
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`35. Wiz admits that venue is proper in this judicial district for the purposes of this
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`particular action. Wiz specifically denies that it has committed any acts of infringement within
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`this district, or any other district. Otherwise denied.
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`COUNT I
`(INFRINGEMENT OF THE ’031 PATENT)
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`36. Wiz realleges and incorporates by reference its responses to paragraphs 1-35.
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`37. Wiz admits that what purports to be a copy of U.S. Patent No. 11,663,031 is
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`attached as Exhibit 1 to the Complaint. Wiz further admits that the face of what appears to be
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`the ’031 patent indicates that its title is “Techniques for Securing Virtual Cloud Assets at Rest
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`Against Cyber Threats” and that the date of the patent is May 30, 2023. Wiz denies that the ’031
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`patent was duly and legally issued.
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`38. Wiz denies that Orca has any right to recover damages for infringement of the
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`’031 patent. Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations in paragraph 38 of the Complaint and on that basis, denies them.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 8 of 148 PageID #: 1792
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`39. Wiz denies that the ’031 patent is valid and enforceable.
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`40.
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`Orca’s allegations in paragraph 40 of the Complaint appear intended to reflect the
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`state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of the ’031 patent.
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`41. Wiz denies the allegations in paragraph 41 of the Complaint.
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`42. Wiz admits that paragraph 42 of the Complaint reproduces the language of claim
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`9 of what appears to be the ’031 patent.
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`43. Wiz denies the allegations in paragraph 43 of the Complaint.
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`44. Wiz admits the claim language quoted in paragraph 44 of the Complaint appears
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`in claim 9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in
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`paragraph 44 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’031 patent.
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`45. Wiz admits the claim language quoted in paragraph 45 of the Complaint appears
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`in claim 9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in
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`paragraph 45 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’031 patent.
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`46. Wiz admits the claim language quoted in paragraph 46 of the Complaint appears
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`in claim 9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in
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`paragraph 46 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’031 patent.
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`47. Wiz admits the claim language quoted in paragraph 47 of the Complaint appears
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`in claim 9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 9 of 148 PageID #: 1793
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`paragraph 47 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’031 patent.
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`48. Wiz admits the claim language quoted in paragraph 48 of the Complaint appears
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`in claim 9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in
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`paragraph 48 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’031 patent.
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`49. Wiz admits the claim language quoted in paragraph 49 of the Complaint appears
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`in claim 9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in
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`paragraph 49 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’031 patent.
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`50. Wiz admits the claim language quoted in paragraph 50 of the Complaint appears
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`in claim 9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in
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`paragraph 50 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’031 patent.
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`51. Wiz admits the claim language in paragraph 51 of the Complaint appears in claim
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`9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in paragraph 51 of
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`the Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`52.
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`Orca’s allegations in paragraph 52 of the Complaint appear intended to reflect the
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`state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of the ’031 patent.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 10 of 148 PageID #: 1794
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`53. Wiz admits the claim language in paragraph 53 of the Complaint appears in claim
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`9 of what appears to be the ’031 patent. Wiz denies the remaining allegations in paragraph 53 of
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`the Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`54. Wiz denies the allegations in paragraph 54 of the Complaint.
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`55. Wiz denies the allegations in paragraph 55 of the Complaint.
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`56. Wiz denies the allegations in paragraph 56 of the Complaint.
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`57. Wiz denies the allegations in paragraph 57 of the Complaint.
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`58. Wiz denies the allegations in paragraph 58 of the Complaint.
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`59.
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`The allegations in paragraph 59 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`59 of the Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`60.
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`The allegations in paragraph 60 include purported citation to a video posted by
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`Wiz; that video speaks for itself. Wiz denies the remaining allegations in paragraph 60 of the
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`Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`61.
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`The allegations in paragraph 61 include purported citation to documents from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`61 of the Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`62. Wiz denies the allegations in paragraph 62 of the Complaint.
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`63. Wiz denies the allegations in paragraph 63 of the Complaint.
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`64. Wiz denies the allegations in paragraph 64 of the Complaint.
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`65.
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`The allegations in paragraph 65 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`65 of the Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`-10-
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 11 of 148 PageID #: 1795
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`66. Wiz denies the allegations in paragraph 66 of the Complaint.
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`67.
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`The allegations in paragraph 67 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`67 of the Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`68.
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`The allegations in paragraph 68 include purported citation to a video posted by
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`Wiz; that video speaks for itself. Wiz denies the remaining allegations in paragraph 68 of the
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`Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`69.
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`The allegations in paragraph 69 include purported citation to documents from
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`Wiz’s website; that website speaks for itself. Wiz denies the allegations in paragraph 69 of the
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`Complaint, and specifically denies that it infringes any valid claim of the ’031 patent.
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`70. Wiz denies the allegations in paragraph 70 of the Complaint.
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`71. Wiz denies the allegations in paragraph 71 of the Complaint.
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`72. Wiz denies the allegations in paragraph 72 of the Complaint.
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`COUNT II
`(INFRINGEMENT OF THE ’032 PATENT)
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`73. Wiz realleges and incorporates by reference its responses to paragraphs 1-35.
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`74. Wiz admits that what purports to be a copy of U.S. Patent No. 11,663,032 is
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`attached as Exhibit 2 to the Complaint. Wiz further admits that the face of what appears to be
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`the ’032 patent indicates that its title is “Techniques for Securing Virtual Machines By
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`Application Use Analysis” and that the date of the patent is May 30, 2023. Wiz denies that the
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`’032 patent was duly and legally issued.
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`75. Wiz denies that Orca has any right to recover damages for infringement of the
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`’032 patent. Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations in paragraph 75 of the Complaint and on that basis, denies them.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 12 of 148 PageID #: 1796
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`76. Wiz denies that the ’032 patent is valid and enforceable.
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`77.
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`Orca’s allegations in paragraph 77 of the Complaint appear intended to reflect the
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`state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of the ’032 patent.
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`78.
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`Orca’s allegations in paragraph 78 of the Complaint appear intended to reflect the
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`state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of the ’032 patent.
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`79. Wiz denies the allegations in paragraph 79 of the Complaint.
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`80. Wiz admits that paragraph 80 of the Complaint reproduces the language of claim
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`1 of what appears to be the ’032 patent.
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`81. Wiz denies the allegations in paragraph 81 of the Complaint.
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`82. Wiz admits the claim language quoted in paragraph 82 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`paragraph 82 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`83. Wiz admits the claim language quoted in paragraph 83 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`paragraph 83 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`84. Wiz admits the claim language quoted in paragraph 84 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 13 of 148 PageID #: 1797
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`paragraph 84 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`85. Wiz admits the claim language quoted in paragraph 85 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`paragraph 85 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`86. Wiz admits the claim language quoted in paragraph 86 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`paragraph 86 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`87. Wiz admits the claim language quoted in paragraph 87 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`paragraph 87 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`88. Wiz admits the claim language quoted in paragraph 88 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`paragraph 88 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`89. Wiz admits the claim language quoted in paragraph 89 of the Complaint appears
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`in claim 1 of what appears to be the ’032 patent. Wiz denies the remaining allegations in
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`paragraph 89 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’032 patent.
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`90. Wiz denies the allegations in paragraph 90 of the Complaint.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 14 of 148 PageID #: 1798
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`91. Wiz denies the allegations in paragraph 91 of the Complaint.
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`92. Wiz denies the allegations in paragraph 92 of the Complaint.
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`93. Wiz denies the allegations in paragraph 93 of the Complaint.
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`94. Wiz denies the allegations in paragraph 94 of the Complaint.
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`95.
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`The allegations in paragraph 95 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`95 of the Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`96.
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`The allegations in paragraph 96 include purported citation to a video posted by
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`Wiz; that video speaks for itself. Wiz denies the remaining allegations in paragraph 96 of the
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`Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`97.
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`The allegations in paragraph 97 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`97 of the Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`98. Wiz denies the allegations in paragraph 98 of the Complaint.
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`99. Wiz denies the allegations in paragraph 99 of the Complaint.
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`100. The allegations in paragraph 100 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`100 of the Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`101. The allegations in paragraph 101 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`101 of the Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`102. Wiz denies the allegations in paragraph 102 of the Complaint.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 15 of 148 PageID #: 1799
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`103. The allegations in paragraph 103 include purported citation to webpages from
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`Wiz’s website; that website speaks for itself. Wiz denies the remaining allegations in paragraph
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`103 of the Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`104. The allegations in paragraph 104 include purported citation to a video posted by
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`Wiz; that video speaks for itself. Wiz denies the remaining allegations in paragraph 104 of the
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`Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`105. The allegations in paragraph 96 include purported citation to a video posted by
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`Wiz; that video speaks for itself. Wiz denies the remaining allegations in paragraph 96 of the
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`Complaint, and specifically denies that it infringes any valid claim of the ’032 patent.
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`106. Wiz denies the allegations in paragraph 106 of the Complaint.
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`107. Wiz denies the allegations in paragraph 107 of the Complaint.
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`108. Wiz denies the allegations in paragraph 108 of the Complaint.
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`COUNT III
`(INFRINGEMENT OF THE ’685 PATENT)
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`109. Wiz realleges and incorporates by reference its responses to paragraphs 1-35.
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`110. Wiz admits that what purports to be a copy of U.S. Patent No. 11,693,685 is
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`attached as Exhibit 7 to the Complaint. Wiz further admits that the face of what appears to be
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`the ’685 patent indicates that its title is “Virtual Machine Vulnerabilities and Sensitive Data
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`Analysis and Detection” and that the date of the patent is July 4. 2023. Wiz denies that the ’685
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`patent was duly and legally issued.
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`111. Wiz denies that Orca has any right to recover damages for infringement of the
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`’685 patent. Wiz is without knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations in paragraph 111 of the Complaint and on that basis, denies them.
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`112. Wiz denies that the ’685 patent is valid and enforceable.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 16 of 148 PageID #: 1800
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`113. Orca’s allegations in paragraph 113 of the Complaint appear intended to reflect
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`the state of the art, claim scope, an appropriate construction of any of the claim terms, the subject
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`matter of the claims, or a claim of infringement, and Wiz therefore denies them. Wiz
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`specifically denies that it infringes any valid claim of the ’685 patent.
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`114. Wiz denies the allegations in paragraph 114 of the Complaint.
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`115. Wiz admits that paragraph 115 of the Complaint reproduces the language of claim
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`1 of what appears to be the ’685 patent.
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`116. Wiz denies the allegations in paragraph 116 of the Complaint.
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`117. Wiz admits the claim language quoted in paragraph 117 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 117 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`118. Wiz admits the claim language quoted in paragraph 118 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 118 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`119. Wiz admits the claim language quoted in paragraph 119 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 119 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`120. Wiz admits the claim language quoted in paragraph 120 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 17 of 148 PageID #: 1801
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`paragraph 120 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`121. Wiz admits the claim language quoted in paragraph 121 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 121 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`122. Wiz admits the claim language quoted in paragraph 122 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 122 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`123. Wiz admits the claim language quoted in paragraph 123 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 123 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`124. Wiz admits the claim language quoted in paragraph 124 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 124 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`125. Wiz admits the claim language quoted in paragraph 125 of the Complaint appears
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`in claim 1 of what appears to be the ’685 patent. Wiz denies the remaining allegations in
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`paragraph 125 of the Complaint, and specifically denies that it infringes any valid claim of the
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`’685 patent.
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`126. Wiz denies the allegations in paragraph 126 of the Complaint.
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`Case 1:23-cv-00758-JLH Document 70 Filed 06/04/24 Page 18 of 148 PageID #: 1802
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`127. Wiz denies the allegations in paragraph 127 of the Complaint.
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`1