Untitled case

The patent infringement litigation involves Wiz, Inc. as the patent owner and plaintiff-in-counterclaim, asserting U.S. Patent No. 12,003,529 against Orca Security Ltd., which is the original plaintiff in the district court action and the petitioner in a parallel PTAB proceeding. Both Wiz, Inc. and Orca Security Ltd. are operating companies in the cybersecurity sector, with their dispute centering on technology for detecting cybersecurity risks. Specifically, Wiz, Inc. owns the '529 patent, titled "Techniques for detecting artificial intelligence model cybersecurity risk in a computing environment," which issued on June 4, 2024. The accused products or services are Orca Security Ltd.'s offerings related to AI model cybersecurity risk detection, which are alleged to infringe the '529 patent as part of a counterclaim.

The district court action, Orca Security Ltd. v. Wiz, Inc., Case No. 1:23CV-00758, is pending in the U.S. District Court for the District of Delaware. The parties completed claim construction briefing, and a Markman hearing was scheduled for December 2024 but was canceled due to a stay in the proceedings. In parallel, Orca Security Ltd. initiated an Inter Partes Review (IPR) against the '529 patent, IPR2025-01087, before the Patent Trial and Appeal Board (PTAB) on June 3, 2025, challenging its validity. The PTAB panel for this IPR includes Administrative Patent Judges Karl D. Easthom, Nabeel U. Khan, and Lisa A. Murray. Delaware is a common venue for patent litigation, known for its expertise in patent law and efficient case management.

This case is notable as it represents the first known litigation involving U.S. Patent No. 12,003,529 and its related patent family, which is described as "critical" on Google Patents referencing Darts-IP. The patent's focus on "detecting artificial intelligence model cybersecurity risk" places it at the forefront of a highly relevant and evolving technological field, suggesting potential significant industry impact for companies developing or utilizing AI-driven cybersecurity solutions. The dispute between two operating companies, along with the defensive IPR filing by the alleged infringer after the patent owner asserted the patent via counterclaim and the post-grant review (PGR) window had closed, highlights a strategic approach to patent litigation in a rapidly developing technology area.

The patent infringement litigation between Orca Security Ltd. and Wiz, Inc., concerning U.S. Patent No. 12,003,529 and other related patents, has seen a series of significant legal developments culminating in a settlement and dismissal of the district court action.

Key Legal Developments and Outcome:

1. Filing & Initial Pleadings:

• Initial Complaint (July 12, 2023): Orca Security Ltd. initiated the lawsuit in the U.S. District Court for the District of Delaware (Case No. 1:23CV-00758), accusing Wiz, Inc. of infringing on at least U.S. Patent Nos. 11,663,031 and 11,663,032, related to securing virtual cloud assets. Orca alleged that Wiz copied its technology and business strategies. Orca later broadened its lawsuit to cover six patents in total.
• Wiz's Answer and Counterclaims (June 4, 2024): Wiz, Inc. denied Orca's infringement allegations and filed counterclaims. Wiz asserted infringement of five of its own patents, including U.S. Patent No. 12,003,529, which issued on June 4, 2024. Wiz also alleged that Orca accessed and misused its confidential materials.

2. Pre-trial Motions of Substance:

• Motion to Dismiss (Rejected, Date Undated but prior to stay): The court rejected Wiz's attempt to have Orca's lawsuit thrown out entirely, indicating the initial merit of Orca's claims.
• Motion to Stay Pending IPR (Granted January 16, 2025): The district court granted a request to stay the litigation, pending the resolution of related inter partes review (IPR) petitions. This stay was primarily driven by Wiz's earlier-filed IPRs challenging Orca's asserted patents.

3. Claim Construction (Markman) Outcomes:

• Markman Hearing Canceled (December 2024): A Markman hearing, initially scheduled for December 2024, was canceled due to the court's stay of proceedings.

4. Discovery Milestones:

• Discovery Order (Undated, prior to stay): Before the stay was granted, the court had ordered the parties into discovery. This process included appointing outside experts to examine whether Wiz's products infringed Orca's technology.
• Invalidity Contentions (August 2024): Orca served invalidity contentions against Wiz's U.S. Patent No. 12,003,529 in August 2024.

5. Trial Events:

• Trial Date (Canceled): A jury trial had been tentatively scheduled for December 2025 but was ultimately superseded by the PTAB review proceedings and subsequent settlement.

6. Settlement, Dismissal, or Judgment (Final Disposition):

• Dismissal with Prejudice (January 7, 2026): Orca Security and Wiz, Inc. agreed to dismiss all claims and counterclaims in their dueling patent infringement lawsuits with prejudice, meaning the claims cannot be refiled. All parties agreed to bear their own costs and attorneys' fees as part of the settlement. This settlement also resolved all parallel PTAB proceedings.

7. Parallel PTAB IPR/PGR Proceedings and Their Effect:

• Wiz's IPRs against Orca's Patents (Filed May/July 2024): Wiz challenged the validity of all six of Orca's asserted patents through the IPR process.
• Institution of Wiz's IPRs (December 9, 2024): The PTAB agreed to institute reviews for three of Orca's patents.
• PTAB Decisions on Orca's Patents (December 8, 2025): The PTAB found all challenged claims in three of Orca's asserted patents unpatentable due to lacking novelty or being obvious over prior art. This outcome significantly weakened Orca's case.
• Orca's IPRs against Wiz's Patents (Filed June 3, 2025): Orca Security Ltd. filed an IPR petition, IPR2025-01087, against Wiz's U.S. Patent No. 12,003,529, challenging its validity. Orca also filed other IPRs against Wiz's patents, including IPR2025-01084 and IPR2025-01085.
• Institution of Orca's IPR2025-01087 (December 14, 2025): The PTAB granted institution of inter partes review for IPR2025-01087, challenging claims of the '529 patent.
• Termination of IPRs due to Settlement (January 13, 2026): All related IPR proceedings, including IPR2025-01087, IPR2025-01084, and IPR2025-01085, were terminated by the PTAB following joint motions from the parties indicating a settlement agreement. The parties requested the settlement agreement be treated confidentially.

In the patent infringement case Orca Security Ltd. v. Wiz, Inc., Case No. 1:23CV-00758, the plaintiff, Orca Security Ltd., was represented by the following counsel:

Lead Counsel:

• Douglas E. Lumish
  • Firm: Latham & Watkins LLP, Menlo Park, CA.
  • Note: Latham & Watkins is a prominent global law firm with extensive experience in intellectual property and patent litigation.
• Lucas Lonergan
  • Firm: Latham & Watkins LLP, Menlo Park, CA.
  • Note: Practiced with Latham & Watkins.
• Blake R. Davis
  • Firm: Latham & Watkins LLP, San Francisco, CA.
  • Note: Practiced with Latham & Watkins.

Local Counsel (Delaware):

• Jack B. Blumenfeld
  • Role: Local Counsel
  • Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE.
  • Note: A highly experienced patent litigator frequently appearing in the District of Delaware.
• Rodger D. Smith II
  • Role: Local Counsel
  • Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE.
  • Note: Experienced in patent litigation in the District of Delaware.

The counsel information is based on the initial complaint filed on July 12, 2023. The case was ultimately dismissed with prejudice on January 7, 2026, due to a settlement between the parties.

Wiz, Inc., the defendant in Orca Security Ltd. v. Wiz, Inc., Case No. 1:23CV-00758, was represented by a team of experienced patent litigators from multiple firms.

Lead Counsel:

• Scott A. McKeown
  • Role: Lead Counsel (especially for PTAB proceedings)
  • Firm: Wolf Greenfield, Washington, DC.
  • Note: Focuses on post-grant patent counseling and litigation at the USPTO, particularly IPR and PGR proceedings before the PTAB. Named an "Outstanding PTAB Litigator" in 2020.
• Justin M. Forcier
  • Role: Lead Counsel
  • Firm: Reed Smith LLP, Wilmington, DE.
  • Note: Reed Smith is a global law firm with a significant intellectual property practice.
• Brian M. Rostocki
  • Role: Lead Counsel
  • Firm: Reed Smith LLP, Wilmington, DE.
  • Note: Experienced in patent litigation and often appears in the District of Delaware.
• Anne M. Steadman
  • Role: Lead Counsel
  • Firm: Reed Smith LLP, Wilmington, DE.
  • Note: Practices in intellectual property litigation.
• Jonathan K. Youngwood
  • Role: Lead Counsel
  • Firm: Simpson Thacher & Bartlett LLP, New York, NY.
  • Note: Simpson Thacher has a strong litigation practice, including patent disputes.
• Janet A. Gochman
  • Role: Lead Counsel
  • Firm: Simpson Thacher & Bartlett LLP, New York, NY.
  • Note: Practices in complex litigation.
• Tyler A. Anger
  • Role: Lead Counsel
  • Firm: Simpson Thacher & Bartlett LLP, New York, NY.
  • Note: Focuses on intellectual property litigation.
• V. Noah Gimbel
  • Role: Lead Counsel
  • Firm: Simpson Thacher & Bartlett LLP, New York, NY.
  • Note: Experienced in patent and technology litigation.
• Katherine A. Hardiman
  • Role: Lead Counsel
  • Firm: Simpson Thacher & Bartlett LLP, New York, NY.
  • Note: Practices in intellectual property and complex commercial litigation.

Local Counsel (Delaware):

• Kevin R. Shannon
  • Role: Local Counsel
  • Firm: Potter Anderson & Corroon LLP, Wilmington, DE.
  • Note: A prominent Delaware litigator, often representing clients in complex corporate and intellectual property disputes in the District of Delaware.
• Daniel Rusk
  • Role: Local Counsel
  • Firm: Potter Anderson & Corroon LLP, Wilmington, DE.
  • Note: Practices in intellectual property litigation.

It is worth noting that Orca Security accused Wiz of hiring Orca's former patent prosecution counsel to prosecute Wiz's own patent applications and bringing in-house Orca's former outside corporate counsel. This information comes from Orca's initial complaint.