Uber's attempt to move Waymo's trade secrets lawsuit out of an appeals court and to an arbitrator [bloomberg.com] 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 [reuters.com].
Previously: Waymo Drops Three of Four Patent Claims Against Uber [soylentnews.org]
Uber's Former CEO Travis and Google Co-Founder Both Face Deposition in Trade Secrets Case [soylentnews.org]
Text Messages Between Uber's Travis Kalanick and Anthony Levandowski Released [soylentnews.org]