San Francisco Chronicle

Uber email reveals robot-car strategy

Court filing shows why firm sought ex-Google exec at center of dispute

- By David R. Baker

Hiring former Google star engineer Anthony Levandowsk­i and his team had the potential to save Uber “at least a year” in the race to develop self-driving cars, according to an internal Uber email unsealed in court Thursday in the high-profile lawsuit between the companies.

Google’s self-driving-car unit, which was renamed Waymo after Levandowsk­i left, argues that Levandowsk­i stole its proprietar­y design for lidar, a laser-based sensor that allows cars to see the environmen­t around them. The January 2016 email from the man then in charge of Uber’s selfdrivin­g program in Pittsburgh singled out the lidar that Levandowsk­i and his associates at Google had created.

DRIVING THE FUTURE

“Anthony and his close team have developed several generation­s of mid- and long-range laser that we now believe is critical to AV autonomy (day and night),” wrote John Bares in the email, which a Waymo attorney read into the record on instructio­ns from the judge. “Not only do they have several generation­s of experience but also know how to improve on the next-gen devices that they would build for us. We have yet to find anyone else in the world with this know-how.”

While Waymo’s attorneys are trying to prove that the ride-hailing company has been

using purloined lidar technology, an Uber attorney at Thursday’s case-management hearing argued that the email showed only that Levandowsk­i and his colleagues had skills Uber wanted to tap. Uber insists that its lidar designs are its own and that Levandowsk­i was under explicit instructio­ns not to bring any intellectu­al property with him from Google.

The email “explains why you would want to hire Anthony Levandowsk­i,” said attorney Karen Dunn. “You’re allowed to bring your know-how . ... If this is the best evidence they have of tradesecre­t theft, I say, ‘Great.’ ”

Waymo initiated the suit in February, claiming that Levandowsk­i downloaded thousands of internal Google documents before he left in January 2016 to found Otto, which specialize­s in self-driving trucks. Uber bought Otto eight months later and placed Levandowsk­i in charge of its efforts to develop autonomous vehicles.

Levandowsk­i has refused to testify in the suit, citing his Fifth Amendment right against self-incriminat­ion. Uber fired him in May for refusing to cooperate with its investigat­ion of the lawsuit allegation­s. A jury trial in the suit is scheduled to begin in October.

Levandowsk­i had been considered close to Uber co-founder Travis Kalanick, who stepped down as CEO this month in the face of several scandals swirling around the San Francisco company. At Thursday’s hearing, Uber’s lawyers seemed eager to distance the company from Levandowsk­i, saying Waymo’s real complaints lay with him.

“Their case is about Mr. Levandowsk­i, what they allege he stole, and the fact that he invoked the Fifth,” Dunn told Judge William Alsup of the United States District Court for the Northern District of California. “As to Uber, they have nothing.”

Dunn and her colleagues, in a court filing Wednesday, said that in March 2016 — before Uber acquired Otto — Levandowsk­i told one of his Otto colleagues that he had found five discs of Google informatio­n in his home, left over from when he had worked at Google. According to the filing, Levandowsk­i also told several Uber executives, including Kalanick, and Kalanick told him not to bring any informatio­n from Google to Uber. Levandowsk­i later told several people that he had destroyed the discs, according to the filing.

The same court filing also suggested another reason for why Levandowsk­i might have downloaded confidenti­al Google documents. He could have been trying to gain leverage to ensure that the company paid him an overdue, $120 million bonus, the filing said.

Waymo attorneys on Thursday called that idea ridiculous and said Levandowsk­i had downloaded many of the files on days when he had meetings with Uber executives, including Kalanick.

“They’re trying to put all that away by coming up with this brand-new theory that Mr. Levandowsk­i downloaded the files to use as ransom against Google to get the rest of his payments that were scheduled over time,” said attorney Charles Verhoeven. “There’s absolutely no evidence. They’ve never disclosed it before. It’s silly.”

Dunn countered that it made sense for an employee who was thinking of leaving his job to be concerned about not receiving so large a bonus.

 ?? Eric Risberg / Associated Press 2016 ?? Anthony Levandowsk­i, who was fired as the head of Uber’s selfdrivin­g program, is the focus of a legal dispute between the ridehailin­g company and Google, where Levandowsk­i served as chief engineer of its robot-cars program.
Eric Risberg / Associated Press 2016 Anthony Levandowsk­i, who was fired as the head of Uber’s selfdrivin­g program, is the focus of a legal dispute between the ridehailin­g company and Google, where Levandowsk­i served as chief engineer of its robot-cars program.

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