Case 1:23-cv-00758-JLH Document 85 Filed 06/21/24 Page 1 of 4 PageID #: 2086
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ORCA SECURITY LTD.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`WIZ, INC.,
`
`
`Defendant.
`
`
`
`
`
`C.A. No. 23-758 (JLH)
`
`
`
`)
`)
`)
`)
`)
`)
`)
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`)
`
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`STIPULATION AND PROPOSED ORDER
`
`WHEREAS, Defendant Wiz, Inc. (“Wiz”) filed its Answer to Second Amended
`
`Complaint and Counterclaims on June 4, 2024, and asserted counterclaims of infringement against
`
`Plaintiff Orca Security Ltd. (“Orca”) with respect to five patents (D.I. 70); and
`
`WHEREAS, the parties have met and conferred about adjustments to the existing
`
`case schedule to accommodate the addition of these five asserted patents to the case;
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court,
`
`that the following dates in the Scheduling Order (D.I. 33) shall be amended as follows:
`
`Event
`
`Current Date
`
`Amended Date
`
`Deadline for Orca’s Response to Wiz’s
`counterclaims
`
`Counterclaimant Wiz shall (1) identify
`the accused product(s) and its damages
`model and (2) produce the file history for
`each asserted patent
`
`Orca shall complete production of core
`technical documents related to the
`accused product(s)
`
`Counterclaimant Wiz shall produce
`initial infringement claim charts
`
`
`
`June 25, 2024
`
`July 25, 2024
`
`N/A
`
`N/A
`
`N/A
`
`June 28, 2024
`
`July 9, 2024
`
`August 2, 2024
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ORCA SECURITY LTD.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`WIZ, INC.,
`
`
`Defendant.
`
`
`
`
`
`C.A. No. 23-758 (JLH)
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`STIPULATION AND PROPOSED ORDER
`
`WHEREAS, Defendant Wiz, Inc. (“Wiz”) filed its Answer to Second Amended
`
`Complaint and Counterclaims on June 4, 2024, and asserted counterclaims of infringement against
`
`Plaintiff Orca Security Ltd. (“Orca”) with respect to five patents (D.I. 70); and
`
`WHEREAS, the parties have met and conferred about adjustments to the existing
`
`case schedule to accommodate the addition of these five asserted patents to the case;
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court,
`
`that the following dates in the Scheduling Order (D.I. 33) shall be amended as follows:
`
`Event
`
`Current Date
`
`Amended Date
`
`Deadline for Orca’s Response to Wiz’s
`counterclaims
`
`Counterclaimant Wiz shall (1) identify
`the accused product(s) and its damages
`model and (2) produce the file history for
`each asserted patent
`
`Orca shall complete production of core
`technical documents related to the
`accused product(s)
`
`Counterclaimant Wiz shall produce
`initial infringement claim charts
`
`
`
`June 25, 2024
`
`July 25, 2024
`
`N/A
`
`N/A
`
`N/A
`
`June 28, 2024
`
`July 9, 2024
`
`August 2, 2024
`
`
`
`Case 1:23-cv-00758-JLH Document 85 Filed 06/21/24 Page 2 of 4 PageID #: 2087
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`
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`Event
`
`Current Date
`
`Amended Date
`
`Counterclaim-Defendant Orca shall
`produce initial invalidity contentions
`
`N/A
`
`August 30, 2024
`
`Parties shall exchange a list of those
`claim term(s)/phrase(s) that they believe
`need construction and their proposed
`claim construction of those
`term(s)/phrase(s)
`
`Responses to proposed claim
`constructions
`
`Parties file Joint Claim Construction
`Chart
`
`Parties serve simultaneous Opening
`Claim Construction Briefs Related to
`Serving Party’s Asserted Patents
`
`Parties serve simultaneous Answering
`Claim Construction Briefs Related to
`Opposing Party’s Asserted Patents
`
`Parties serve simultaneous Reply Claim
`Construction Brief Related to Serving
`Party’s Asserted Patents
`
`Parties serve simultaneous Sur-Reply
`Claim Construction Brief Related to
`Opposing Party’s Asserted Patents
`
`Parties file Joint Claim Construction
`Briefs (one brief for Orca’s Asserted
`Patents; one brief for Wiz’s Asserted
`Patents)
`
`Delaware and Lead Counsel shall meet
`and confer, file an amended Joint Claim
`Construction Chart setting forth all
`agreed-upon constructions and all terms
`that remain in dispute, and email a copy
`of the amended chart in Microsoft Word
`format to the Court.
`
`June 21, 2024
`
`September 10, 2024
`
`June 28, 2024
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`September 17, 2024
`
`July 5, 2024
`
`September 24, 2024
`
`July 19, 2024
`
`October 8, 2024
`
`August 9, 2024
`
`October 22, 2024
`
`August 23, 2024
`
`November 5, 2024
`
`September 6, 2024
`
`November 19, 2024
`
`September 13, 2024
`
`November 22, 2024
`
`No earlier than
`October 4, 2024, and no
`later than October 18,
`2024
`
`No earlier than three
`weeks before the claim
`construction hearing
`and no later than one
`week before the claim
`construction hearing
`
`2
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`
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`Case 1:23-cv-00758-JLH Document 85 Filed 06/21/24 Page 3 of 4 PageID #: 2088
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`
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`Event
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`Current Date
`
`Amended Date
`
`Claim Construction Hearing
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`Document Production substantially
`complete
`
`Parties shall finally supplement the
`identification of all accused products and
`all invalidity references
`
`Joinder of Other Parties and Amendment
`of Pleadings
`
`October 24, 2024, at
`10:00 a.m.
`
`December ___, 2024, at
`___ (or at the Court’s
`convenience)
`
`November 1, 2024
`
`January 8, 2025
`
`November 15, 2024
`
`January 22, 2025
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`November 22, 2024
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`January 29, 2025
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`Interim Status Report
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`December 6, 2024
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`February 12, 2025
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`Parties shall provide final infringement
`contentions
`
`30 days after the Claim
`Construction Order
`
`30 days after the Claim
`Construction order
`
`Parties shall provide final invalidity
`contentions
`
`30 days after service of
`Plaintiff’s final
`infringement
`contentions
`
`30 days after service of
`service of the parties’
`final infringement
`contentions
`
`Fact Discovery Cut-off
`
`March 7, 2025
`
`May 13, 2025
`
`Opening Expert Reports (for the party
`who has the initial burden of proof)
`
`April 4, 2025
`
`June 10, 2025
`
`Supplemental Disclosure to Contradict or
`Rebut Initial Expert Reports
`
`April 25, 2025
`
`July 1, 2025
`
`Reply Expert Reports
`
`May 9, 2025
`
`July 15, 2025
`
`Expert Discovery Cut-off
`
`May 30, 2025
`
`August 5, 2025
`
`Case Dispositive and Daubert Motions
`Deadline
`
`June 20, 2025
`
`August 26, 2025
`
`Hearing on all pending Case Dispositive
`and Daubert Motions
`
`September 10, 2025, at
`10:00 a.m.
`
`November __, 2025, at
`___ or at the Court’s
`convenience
`
`3
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`
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`Case 1:23-cv-00758-JLH Document 85 Filed 06/21/24 Page 4 of 4 PageID #: 2089
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`Event
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`Current Date
`
`Amended Date
`
`Pretrial Conference
`
`Trial
`
`
`
`November 18, 2025, at
`2:00 p.m.
`
`January __, 2026, at
`___ or at the Court’s
`convenience
`
`December 8-12, 2025
`
`February __ 2026, or at
`the Court’s convenience
`
`MORRIS, NICHOLS, ARSHT &TUNNELL LLP
`
`/s/ Rodger D. Smith II
`___________________________________
`Jack B. Blumenfeld (#1014)
`Rodger D. Smith II (#3778)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`rsmith@morrisnichols.com
`
`Attorneys for Plaintiff
`
`June 21, 2024
`
`RICHARD, LAYTON & FINGER, P.A.
`
`/s/ Frederick L. Cottrell, III
`
`
`
`
`
`Frederick L. Cottrell, III (#2555)
`Kelly E. Farnan (#4395)
`Christine D. Haynes (#4697)
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`farnan@rlf.com
`haynes@rlf.com
`
`Attorneys for Defendant
`
`
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`
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`SO ORDERED, this _____ day of June 2024.
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`_______________________________
`The Honorable Jennifer L. Hall
`United States District Court Judge
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`4
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