Thu | Aug 17, 2017

Judge orders Uber not to use technology taken from Waymo

Published:Wednesday | May 17, 2017 | 5:00 AM
In this December 13, 2016 file photo, Anthony Levandowski, head of Uber's self-driving program, speaks about their driverless car in San Francisco. In an order filed Monday, May 15, 2017, a federal judge ordered Uber to stop using technology that Levandowski downloaded before he left Waymo.
In this Tuesday, December 13, 2016, file photo, the Waymo driverless car is displayed during a Google event, in San Francisco.
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A federal judge's order that bars Uber from using technology taken by a star engineer before he left Waymo is bad news for Uber and will likely hurt the ride-hailing company's own self-driving research, according to legal experts.

The ruling by District Judge William Alsup in San Francisco on Monday was mainly a victory for Waymo, the autonomous car unit spun off from Google.

Waymo showed "compelling evidence" that a former Waymo engineer named Anthony Levandowski downloaded thousands of confidential files before leaving the company, the order said. Levandowski set up his own firms, which were then sold to Uber for US$680 million. Evidence showed that Levandowski and Uber planned the acquisitions before Levandowski left Waymo, Alsup's order said.

"He clearly believes that Levandowski is guilty as sin and that Uber hired him, knowing this full well," said John Coffee, a Columbia University law professor who specialises in white-collar crime and corporate governance.

"He is ruling that some of this information is stolen (or "misappropriated") and, in the long run, that will likely have a devastating impact on Uber."

Waymo sued Uber in February alleging that the ride-hailing company is using stolen self-driving technology to build its own autonomous cars. Monday's ruling prevents Uber from using the technology on a laser navigational tool called Lidar that robotic cars use to see what's around them.

"The bottom line is, the evidence indicates that Uber hired Levandowski even though it knew or should have known that he possessed over 14,000 confidential Waymo files," Alsup wrote. "At least some information from those files, if not the files themselves, has seeped into Uber's own Lidar development efforts."

Uber was ordered to return all downloaded materials to Waymo by noon on May 31.

Alsup ordered Uber to remove Levandowski from any role in Lidar, and that it stop him from copying or otherwise using the downloaded materials.

 

Shutdown

 

Waymo sought to shut down Uber's Lidar research that it says uses Waymo files and patented technology until the dispute is settled. But Alsup determined that Waymo's patent infringement theories were too weak to support such an order.

The judge ruled that although it's hard to imagine that Levandowski "plundered Waymo's vault the way he did" with no intent to use the material, Waymo still fell short of showing that the trade secrets were used.

Uber said in a statement on Monday that it's pleased the court allowed it to continue the research, including its own Lidar innovations.

"We look forward to moving towards trial and continuing to demonstrate that our technology has been built independently from the ground up," the statement said.

Messages were left Monday for lawyers representing Levandowski and the companies he formed.

Waymo, which is part of Google parent Alphabet Inc, said it welcomed the order stopping Uber from using "stolen documents containing trade secrets".

The ruling, coupled with Alsup's order last week referring the case to federal prosecutors, signals that Alsup is leaning towards Waymo based on evidence thus far, said Carl Tobias, a law professor at the University of Richmond.

Alsup's order suggests there's evidence that Levandowski could face federal prosecution, and there's circumstantial evidence that Uber may have violated federal trade secret theft laws, said Barbara McQuade, a former US Attorney in Detroit who now is a law professor at the University of Michigan.

Federal law covers both the person who stole a trade secret and anyone who "receives, buys or possesses it, knowing the same to have been stolen," McQuade said.

A civil remedy may not be adequate in this case since Levandowski has invoked his Fifth Amendment right against self-incrimination when questioned by Waymo attorneys, she said.

The high-stakes case will now proceed to evidence exchanges between both sides and will go to trial if not settled, Tobias said. That could take months or more than a year.

The ruling will hamper Uber's ability to develop a self-driving car more quickly than Waymo, Coffee said, but it's too early to say if Uber will be crippled by the ruling.

Anthony Levandowski formed Ottomotto, a self-driving vehicle start-up, on January 15, 2016. Twelve days later, he resigned from Waymo without any notice. The following August, Uber bought Ottomotto and hired Levandowski to lead its self-driving car efforts.

Last week, Alsup took the rare step of referring the case to federal prosecutors for an investigation of possible criminal misconduct. The US Attorney's Office in San Francisco has not responded to requests for a comment.

Also on Monday, Waymo confirmed that it is teaming up to test autonomous vehicles with Lyft, Uber's main ride-hailing competitor, in a potential challenge to Uber.

-A.P.