UBER’S RESPONSE TO WAYMO’S OBJECTIONS TO SPECIAL MASTER’S PROTOCOL 

Case No. 3:17-cv-00939-WHA 

sf-3770547 

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MICHAEL A. JACOBS (CA SBN 111664)

MJacobs@mofo.com 

ARTURO J. GONZÁLEZ (CA SBN 121490) 

AGonzalez@mofo.com 

ERIC A. TATE (CA SBN 178719) 

ETate@mofo.com 

RUDY Y. KIM (CA SBN 199426) 

RKim@mofo.com 

MORRISON & FOERSTER LLP

425 Market Street 

San Francisco, California 94105-2482 

Telephone: 415.268.7000 

Facsimile: 415.268.7522 

KAREN L. DUNN (Pro Hac Vice) 

kdunn@bsfllp.com 

HAMISH P.M. HUME (Pro Hac Vice) 

hhume@bsfllp.com 

BOIES SCHILLER FLEXNER LLP 

1401 New York Avenue, N.W. 

Washington DC 20005 

Telephone: 202.237.2727 

Facsimile: 202.237.6131 

Attorneys for Defendants 

UBER TECHNOLOGIES, INC. 

and OTTOMOTTO LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

WAYMO LLC, 

Plaintiff, 

v. 

UBER TECHNOLOGIES, INC., 

OTTOMOTTO LLC; OTTO TRUCKING LLC, 

Defendants. 

Case No. 3:17-cv-00939-WHA

UBER’S RESPONSE TO WAYMO’S 

OBJECTIONS TO SPECIAL 

MASTER’S PROTOCOL 

Ctrm: 8, 19th Floor 

Judge: The Honorable William Alsup 

Trial Date: October 2, 2017

Case 3:17-cv-00939-WHA Document 470 Filed 05/19/17 Page 1 of 2
UBER’S RESPONSE TO WAYMO’S OBJECTIONS TO SPECIAL MASTER’S PROTOCOL 

Case No. 3:17-cv-00939-WHA 1

sf-3770547 

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As a concession to the shortness of life, Uber will not respond to Waymo’s repeated 

assertions of “serial non-compliance.” We instead briefly make two related points: First, with 

respect to the transparency concern Waymo raises, it was Uber, not Waymo, that advised the 

Special Master that Uber would like to tell him what Mr. Levandowski will be working on in 

order to be transparent. What he is working on, however, is proprietary, and there is no need for 

that information to be shared with Waymo, a major competitor who earlier this week announced a 

partnership with Lyft, Uber’s other major competitor. If the Special Master has any concerns 

regarding what Mr. Levandowski is doing, Uber will immediately address the concerns. If Uber 

does not, the Special Master will raise the issue with the Court and Waymo, as he confirmed he 

would do during today’s conference with the parties.1

Second, the Special Master has informed us that he will use his discretion regarding what 

information to communicate to Waymo. That should suffice. During the parties extensive meet 

and confer on this topic, Uber was prepared to share with Waymo the letters that it has sent out in 

compliance with this Court’s Order, on the condition that Waymo treat them as confidential 

pursuant to the Protective Order. Waymo would not agree. 

There is no need to rewrite the Special Master’s protocol. With the one exception that the 

parties have agreed to, the protocol should remain intact. 

Dated: May 19, 2017 MORRISON & FOERSTER LLP

By: /s/ Arturo J. González 

ARTURO J. GONZÁLEZ 

Attorneys for Defendants 

UBER TECHNOLOGIES, INC. 

and OTTOMOTTO LLC 

 

1

 Waymo makes much of a hypothetical question that Mr. Gonzalez posed to the Special 

Master. We have confirmed for the Special Master that Mr. Levandowski is not working with 

Velodyne or anything related to Velodyne. (See Exhibit 1, May 19, 2017 Ray e-mail.) 

Case 3:17-cv-00939-WHA Document 470 Filed 05/19/17 Page 2 of 2