Bloomberg
Waymo’s bid to recover $1.86 billion in a trade secrets case against Uber Technologies is in jeopardy as a federal judge cut the company’s damages expert from the case, one month before a trial over driverless technology.The decision leaves the Alphabet Inc. unit without an outside source to justify why it deserves that startling amount in an industry that hasn’t been commercialised or generated revenue for either company.
“The exclusion of Waymo’s expert is devastating for Waymo’s lofty damages claims,†Janelle Waack, an intellectual property lawyer, said in an email, adding that the ruling may be critical enough for Waymo to appeal. The ruling by US District Judge William Alsup in San Francisco follows a series of decisions unfavourable to Waymo. Alsup’s order was filed under seal, to give both sides an opportunity to review his reasoning.
Waymo claims engineer
Anthony Levandowski stole 14,000 computer files while he worked there and transferred the information to a rival Uber unit, which he took over last year. Levandowski, who isn’t a defendant in the case, asserted his constitutional right against self-incrimination and isn’t
expected to testify at the trial next month.
“Waymo’s case continues to shrink,†Uber spokesman Matt Kallman said. “After dropping their patent claims, Waymo lost one of the trade secrets they claimed was most important, had their damages expert excluded, and saw an entire defendant removed from the case—and all this before the trial has even started.â€
A representative of Waymo said the company believes Uber owes substantial damages “as a result of its attempt to unfairly benefit from Waymo’s stolen trade secrets.â€