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takyon writes:

Google's Waymo is dropping most of its patent claims against Uber, narrowing the case's focus to one patent and the many trade secrets allegedly stolen:

Waymo, Alphabet Inc.'s self-driving car division, dropped three of four patent-infringement claims in its lawsuit against Uber Technologies Inc. over the startup's autonomous vehicle program.

Waymo's decision to include patent claims in its complaint against Uber was a surprise move for Google parent Alphabet, which normally prides itself on limiting patent fights. The bulk of Waymo's case is not over patents, but trade secrets.

Waymo alleges that Uber stole trade secrets from Waymo when Anthony Levandowski, who worked for Waymo, downloaded 14,000 files to his personal computer and then joined Uber to lead the startup's driverless car program. Uber fired Levandowski in late May. The executive has invoked his constitutional right against self-incrimination and has refused to testify in the case, hindering Uber's ability to defend itself against Waymo's claims.

U.S. District Judge William Alsup in San Francisco has asked Waymo to narrow its more than 100 trade secrets claims to fewer than 10 to put in front of a jury. In a June 7 hearing, he also said, "I want to reiterate to the plaintiff here that you should think a lot about just dropping the patent part of this case."

Also at Business Insider and Recode. Vanity Fair reports on a legal filing in the case that includes emails sent by Uber's former CEO Travis Kalanick. They depict him desperately seeking a partnership with Google and reacting to talk about Google launching an autonomous ride-hailing service.

Previously:
Google Spin-Off Waymo Accuses Uber of Stealing Self-Driving Tech
Uber Could Face Injunction Stopping It From Testing Driverless Cars
Lyft and Waymo (Google) Team Up for Autonomous Cars
Uber Fires Former Google Engineer Anthony Levandowski

Original Submission

takyon writes:

Unsealed court filings in the Waymo vs. Uber case include texts between former Uber CEO Travis Kalanick and Anthony Levandowski, the engineer accused of stealing secrets from Waymo/Google:

On March 19, 2016, before Uber acquired Otto, Levandowski and Kalanick exchanged messages catching up on their recent "jam" session. The pair were apparently trying to prod an engineer, whose name is redacted in the filings.

"Internet, electricity, self driving cars and key things will always find a way," Levandowski texted Kalanick, linking to a YouTube clip from the 1987 movie "Wall Street." In the clip, the main character gives a famous speech of why "greed is good." "Here's the speech you need to give ;-)."

Kalanick briefly updated Levandowski on Uber's food delivery business, then wrote, "The way you keep China in check is showing up when they ask every once in a while."

But Uber was losing $1 billion a year in China, and by August, Uber sold its Chinese business to rival Didi Chuxing.

Kalanick was also eager to partner with Google as it sought to enter into the ride-hailing market, and dismissive of Tesla's autonomous mode safety claims.

The best exchanges:

9/19/2016 Levandowski: We're going to take over the world

9/19/2016 Levandowski: One robot at a time

10/7/2016 Kalanick: Down to hang this eve and mastermind some shit

Original Submission

takyon writes:

Uber's attempt to move Waymo's trade secrets lawsuit out of an appeals court and to an arbitrator has not succeeded:

Alphabet Inc.'s Waymo can proceed with a planned October trial over claims Uber Technologies Inc. stole trade secrets for self-driving vehicles after a U.S. appeals court declined to punt the case to an arbitrator and rejected an effort to keep Waymo from seeing critical evidence.

Uber had argued the dispute should be considered in secret before an arbitrator because the heart of Waymo's allegations are related to the actions of engineer Anthony Levandowski, a former employee of both companies. Uber's appeal was rejected Wednesday by the U.S. Court of Appeals for the Federal Circuit in Washington, as was Levandowski's request that Waymo not be allowed to see a report by a cyberforensics firm that looked into Uber's purchase of his company, Otto LLC.

Levandowski's employment contract with Waymo included a broad provision that any disputes would go before an arbitrator. Waymo never sued Levandowski; instead the question of whether he violated that contract is before an arbitrator, with a hearing scheduled for April. A three-judge appeals court panel said that requirement didn't extend to Uber. Waymo pledged not to rely on the Levandowski employment contract in its case, though Uber argued that wasn't a realistic promise.

Also at Reuters.

Previously: Waymo Drops Three of Four Patent Claims Against Uber
Uber's Former CEO Travis and Google Co-Founder Both Face Deposition in Trade Secrets Case
Text Messages Between Uber's Travis Kalanick and Anthony Levandowski Released

Original Submission

takyon writes:

Google parent company Alphabet is seeking at least $2.6 billion from Uber for allegedly stealing self-driving car trade secrets from Waymo:

Alphabet thinks Uber should pay $2.6 billion for allegedly stealing a single trade secret.

Alphabet is in court with Uber today to convince a judge to delay the Oct. 10 trial in its self-driving lawsuit against the ride-hail company. But during the hearing, an Uber attorney said that Alphabet is seeking $2.6 billion in damages for just one of the nine trade secrets the company is claiming a former Uber executive stole.

Before today's hearing, the amount of damages Alphabet wanted a court to award them was not public and had been redacted from court filings.

In its opposition to Alphabet's request for a trial delay, Uber claims Alphabet is simply asking for a "do-over" because its allegations that an executive stole files and brought them to Uber has weakened.

Also at Reuters, Ars Technica, Engadget, The Street, MarketWatch, and TechCrunch.

Original Submission

takyon writes:

The investment arm of Google's parent company has invested in the ride-hailing company Lyft, raising $1 billion along with other companies, and valuing Lyft at $10-11 billion:

Alphabet Inc.'s investment arm, CapitalG, led a $1 billion investment in Lyft Inc. that values the ride-sharing startup at $11 billion, the ride-sharing startup said.

The funding marks a major shift in Alphabet's allegiances away from Uber Technologies Inc., and suggests a tighter pairing of its Waymo autonomous vehicle technology with Lyft's transportation network. David Lawee, a partner at CapitalG, will join Lyft's board.

The cash infusion helps Lyft compete with Uber, which has been reeling from a series of scandals and executive turnover in 2017. Bloomberg previously reported Alphabet was considering a $1 billion investment. The internet giant was a major Uber backer, but the companies have clashed in court over autonomous vehicle technology this year.

Lyft is considering an IPO by next year:

Lyft has had talks with investment banks about an initial public offering next year, according to two people briefed on the discussions, who asked to remain anonymous because the conversations are confidential. Lyft has not decided which bank may become its lead underwriter for an I.P.O., the people said.

[...] Lyft has benefited from Uber's series of high-profile stumbles in recent months to lift its own profile. The two companies are locked in something of a race for which can go public first; whichever company does will most likely set a benchmark for Wall Street for the valuation of a public ride-hailing company.

Also at The Verge and Slate.

Original Submission

takyon writes:

Engineer spends $6,000 invalidating Waymo's lidar patents

An engineer with no connection to the self-driving industry has spent $6,000 of his own money to stop Alphabet's self-driving car business Waymo from patenting key technology. Following a challenge filed by Eric Swildens, the US Patent and Trademark Office (USPTO) rejected 53 out of 56 claims in Waymo's 936 patent. The reason for his action? He just "couldn't imagine the [lidar] circuit [described in the 936 patent] didn't exist prior," Ars Technica reported.

Filed in 2013 and granted in 2016, the 936 patent was a cornerstone of Waymo's lawsuit against Uber, which began in December 2016. In a nutshell, Waymo accused the ride-hailing giant of infringing its lidar design patent and using intellectual property allegedly stolen by engineer Anthony Levandowski. Uber eventually agreed to redesign its lidar and gave Waymo $245 million worth of equity to settle the rest of the lawsuit. It also promised not to copy Waymo's technology in the future.

Uber got slammed for nothing!

Previously: A Spectator Who Threw A Wrench In The Waymo/Uber Lawsuit
Waymo and Uber Abruptly Settle for $245 Million

Related: Waymo's Case Against Uber "Shrinks" After Trade Secret Claim Thrown Out
Waymo v. Uber Jury Trial Begins

Original Submission

takyon writes:

A whistleblower from Uber's former "Strategic Services Group" has caused the Waymo v. Uber trial to be delayed again because Uber withheld evidence:

An Uber Technologies Inc. whistle-blower made explosive allegations that a company team stole trade secrets to gain an edge over rivals, prompting a judge to further delay the ride-hailing company's trial with Waymo.

Richard Jacobs, who worked for a now-disbanded corporate surveillance team at Uber, told the judge that stealing trade secrets was part of his former colleagues' mission, along with monitoring information on metrics and incentives for drivers who operate on competitor platforms overseas.

Jacobs was put under oath at a hearing Tuesday after the judge was alerted last week by U.S. prosecutors that he communicated with them in their probe of trade-secret theft at Uber. U.S. District Judge William Alsup said he takes Jacobs's account seriously because prosecutors found it credible.

[...] Jacobs testified that the surveillance team used "anonymous servers" separate from the "main part of Uber." He was asked by a lawyer for Waymo about a staff attorney at Uber who allegedly guided efforts to "impede, obstruct, or influence" lawsuits against the company.

Also at Reuters, BBC, and Recode.

Previously: Waymo v. Uber Continues, Will Not Move to Arbitration
Alphabet Seeking $2.6 Billion in Damages From Uber
Waymo's Case Against Uber "Shrinks" After Trade Secret Claim Thrown Out

Original Submission

takyon writes:

The Waymo v. Uber jury trial is set to begin Monday and is expected to end during the week of February 19. It's not a matter of good vs. evil:

"The trial will be a trial on Waymo's claims of trade secret misappropriation, not a trial on Uber's litigation practices or corporate culture," Judge Alsup wrote on January 30.

[...] Alsup went on to say that both sides have engaged in "half-truths and other slick litigation conduct" and that Waymo, which has "whined—often without good reason—at every turn in this case," essentially needs to put up or shut up.

"To repeat, the central issue in this case remains whether or not Uber misappropriated Waymo's trade secrets, not whether or not Uber is an evil corporation," the judge continued. "Waymo's decision to devote so much time and effort to pursuing matters with so little connection to the merits raises the troubling possibility that Waymo is unwilling or unable to prove up a solid case on the merits and instead seeks to inflame the jury against Uber with a litany of supposed bad acts."

Also at The Verge and FT (paywalled).

Previously: Waymo v. Uber Continues, Will Not Move to Arbitration
Waymo's Case Against Uber "Shrinks" After Trade Secret Claim Thrown Out
Uber v. Waymo Trial Delayed Because Uber Withheld Evidence
A Spectator Who Threw A Wrench In The Waymo/Uber Lawsuit

Related: Uber Letter Alleges Surveillance on Politicians and Competitors
The Fall of Uber CEO Travis Kalanick
Waymo Orders Thousands More Chrysler Pacifica Minivans for Driverless Fleet

Original Submission

takyon writes:

Uber is just too underhanded to play the underdog against Waymo

The most remarkable thing about Waymo v. Uber is that so many of the people following the lawsuit are essentially rooting for Google to crush a smaller firm with a lawsuit. It's a tale as old as time: a maverick upstart galls a bigger, more established competitor, and the bigger guy strikes back in the courts. It's practically an American fairy tale, and yet Uber's lawyers are hard-pressed to get this archetypal narrative to stick. Nobody sees Uber as the underdog.

For one thing, through a collision of multiple scandals, Uber has become extraordinarily unpopular, and the discovery process in this lawsuit hasn't done much to alleviate its reputation as an unethical, underhanded company. But the other part is that the supposed maverick upstart hasn't managed to get one over the complacent megacorporation.

Former Uber CEO Travis Kalanick says that Google is (and was) in the lead when it comes to self-driving cars.

Charles Verhoeven, lead attorney for Waymo, ended his questioning of Kalanick by asking him about a note that said, "Cheat codes. Find them. Use them."

When Waymo attorney Charles Verhoeven took over again to interrogate him, he returned to cheat codes. "In the context of video games, you know what a cheat code is?"

"Yes," Kalanick replied. "But those codes in those games are put there on purpose by the publisher of the games and they want the players to have them. It's part of the fun of the game."

"That's just the game," he added, before Verhoeven could continue.

Verhoeven tried again, "A cheat code allows you to skip ahead, allows you to skip a level and not do the work."

"No — " Kalanick began to say, before Verhoeven quickly turned to the judge and said, "That's it, your honor." And with that, Travis Kalanick exited the courtroom.

Verhoeven was also able to play the "Greed is Good" scene from the 1987 film Wall Street for the jury because Anthony Levandowski (the engineer accused of stealing trade secrets from Waymo) had sent a link to it to Kalanick.

Previously: Text Messages Between Uber's Travis Kalanick and Anthony Levandowski Released
Waymo's Case Against Uber "Shrinks" After Trade Secret Claim Thrown Out
Uber v. Waymo Trial Delayed Because Uber Withheld Evidence
A Spectator Who Threw A Wrench In The Waymo/Uber Lawsuit
Waymo v. Uber Jury Trial Begins

Original Submission