Waymo has argued that Uber is stonewalling on its obligation to turn over files and documents that the Alphabet unit says were stolen by Levandowski when he left Waymo a year ago and launched his self-driving startup Otto, which was acquired by Uber for $680 million.
Last year, he quit Google to found a self-driving truck company, Otto, which was later bought by Uber.
The filing, which opposes a Waymo motion for a preliminary injunction against Uber, contains Uber's most detailed defense to date since Waymo accused it of the "calculated theft" of its LiDAR technology in February. Waymo has since taken them to court, and the Judge has ordered Uber's lawyers to find those files. You see, one of Waymo's suppliers accidentally sent an attachment of Uber's LiDAR plans to Waymo, which were actually Waymo's document.
Uber has not provided a rebuttal to the allegations that Levandowski downloaded 14,000 files. So in addition to fighting Waymo in court, Uber is fighting a vicious battle of public opinion with statements that are decidedly non-corporate. Levandowski and Uber can't hide behind the Fifth Amendment right against self-incrimination, Waymo said in a court filing.
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"Both of [Waymo's] central premises - that former Waymo employees brought thousands of confidential Waymo documents to Uber to build a copycat LiDAR and that Uber's LiDAR closely mimics Waymo's single-lens design - are demonstrably false", the filing states.
Uber and Waymo have been in a heated battle for about six weeks now, and it all stems from Uber's head of self-driving, Anthony Levandowski, who was an employee at Waymo up until January of this year.
Uber made its argument as it tries to fight off Waymo's request for a preliminary injunction to stop Uber from using what Waymo claims are stolen trade secrets, an action which would halt Uber's progress toward developing a self-driving vehicle, seen as the inevitable future for ride-hailing firms.
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The judge directed Ramsey to provide him after the hearing with a description of the documents Levandowski doesn't want revealed, and to give a redacted version to Waymo.
Uber's attorney Arturo Gonzalez confirmed this before the court on April 5.
Now, Waymo is trying to thwart that effort by persuading U.S. District Judge William Alsup to block Uber's self-car driving expansion on the grounds that it hinges on a high-tech heist. Indeed, the same attorneys representing Uber also represent Mr. Levandowski personally in the Levandowski arbitration, and these attorneys presently argue (without support) that this suit should be merged with that arbitration. You have got to do more than what you are telling me.
In the meantime, Uber has filed for a motion to arbitrate the case, arguing that because Waymo's case is entirely predicated on actions Levandowski allegedly committed during his employment, it should be bound by his employment agreement. Waymo's lawsuit accuses Levandowski of downloading more than 14,000 confidential and proprietary files shortly before his resignation.
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"Waymo could not be more wrong, and Uber's design could not be more different", Uber's lawyers wrote in their rebuttal to the allegations. The first is a company called Odin Wave - which Waymo alleges that Levandowski is the owner of - and the second is Tyto Lidar, which Otto acquired in May of 2016.