Los Angeles Times

Waymo seeks $2.6 billion in Uber damages

- By Marisa Kendall Kendall writes for the Mercury News/McClatchy.

SAN JOSE — With three weeks to go until the explosive Waymo versus Uber trial begins, court watchers got a peek Wednesday at the hefty price tag Uber could face if it loses.

Waymo is seeking $2.6 billion in damages for just one of the nine self-driving car trade secrets it claims Uber put to use, lawyers disclosed at a hearing in federal court in San Francisco. It’s a number that underscore­s the importance of the technology that’s at the heart of the legal battle, as both rivals race to stake their claim in the burgeoning autonomous vehicle market.

The estimated value of the other eight trade secrets hasn’t been made public.

The damage estimate came out as Waymo’s lawyers bolstered their case Wednesday with new, lastminute evidence showing that thousands of confidenti­al Waymo files ended up on the personal computer of a top-level Uber engineer.

Citing a report they obtained last week after months of trying, Waymo’s lawyers say they’ve found evidence that all but seven of the 14,000 confidenti­al files they’re accusing Uber of possessing were once on former Uber engineer Anthony Levandowsk­i’s personal computer. Levandowsk­i, who once worked for Waymo, downloaded the files to his Waymo computer Dec. 11, then three days later, plugged a card reader into that computer for eight hours, according to Waymo’s lawyers. They say those files then showed up on Levandowsk­i’s personal computer, but were deleted the same day.

Waymo claims Levandowsk­i took 14,000 confidenti­al Waymo documents before leaving to found self-driving trucking start-up Otto. Uber then bought Otto, which Waymo claims gave Uber access to those pilfered Waymo trade secrets. Levandowsk­i ran Uber’s self-driving car program before the San Francisco-based ride-hailing company fired him in May amid the allegation­s.

Last week, a panel of federal appellate judges ruled Uber must turn over a duediligen­ce report — and thousands of related documents — that Uber commission­ed before it bought Otto. That report, and what it revealed about Levandowsk­i’s downloadin­g history, was the highlight of Wednesday’s hearing. Uber’s lawyers argued Levandowsk­i could have downloaded the Waymo data accidental­ly — when an employee first accesses Waymo’s computer network, documents are automatica­lly downloaded to his or her computer.

Waymo’s lawyers on Wednesday also asked U.S. District Judge William Alsup to delay the trial, due to start Oct. 10, until Dec. 5 to give them more time to go through Uber’s due-diligence report. Alsup said he will rule on that Oct. 3.

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