YANG DECLARATION ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

sf-3770384 

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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

DECLARATION OF MICHELLE 

YANG IN SUPPORT OF 

PLAINTIFF’S ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

PORTIONS OF ITS REPLY IN 

SUPPORT OF ITS MOTION TO 

COMPEL PRODUCTION OF 

WITHHELD DOCUMENTS AND 

EXHIBITS THERETO 

Trial Date: October 2, 2017

Case 3:17-cv-00939-WHA Document 488 Filed 05/22/17 Page 1 of 3
YANG DECLARATION ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

sf-3770384 

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I, Michelle Yang, declare as follows: 

1. I am an attorney at the law firm of Morrison & Foerster LLP. I make this 

declaration based upon matters within my own personal knowledge and if called as a witness, I 

could and would competently testify to the matters set forth herein. I make this declaration in 

support of Plaintiff’s Administrative Motion to File Under Seal Portions of Its Reply in Support 

of Its Motion to Compel Production of Withheld Documents and Exhibits Thereto (Dkt. 444). 

2. I have reviewed the following documents and confirmed that only the portions 

identified below merit sealing: 

Document Portions to Be Filed Under Seal 

Waymo’s Reply in Support of its Motion to 

Compel Production of Withheld Documents 

(“Reply”) 

Highlighted Portions 

Exhibit 9 of the Declaration of Patrick 

Schmidt 

Highlighted Portions 

Exhibits 10-11 of the Declaration of Patrick 

Schmidt 

Entire Documents 

3. The highlighted portions of the Reply include highly confidential sensitive 

business information of Uber relating to Uber’s agreements that is not publicly known, and this 

information’s confidentiality is strictly maintained. I understand that this information could be 

used by competitors to Uber’s detriment, including in the context of negotiating business deals. If 

such information were made public, I understand Uber’s competitive standing could be 

significantly harmed. 

4. The highlighted portions of Exhibit 9 contain non-public, highly confidential 

information relating to acquisition agreements of Uber, including highly confidential business 

information relating to Uber’s (a privately held corporation) corporate structure and highly 

confidential information relating to terms of the agreements. The highlighted portions contain 

highly sensitive business information that is not publicly known, and its confidentiality is strictly 

maintained. This information could be used by competitors to Uber’s detriment, including in the 

Case 3:17-cv-00939-WHA Document 488 Filed 05/22/17 Page 2 of 3
YANG DECLARATION ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

Case No. 3:17-cv-00939-WHA 2

sf-3770384 

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context of negotiating business deals. In addition, these highlighted portions discuss Uber’s 

proprietary and highly confidential designs for Uber’s custom LiDAR system and Uber’s detailed 

market strategy information. 

5. Exhibits 10 and 11 are company agreements that include Uber’s highly sensitive 

business information, including highly confidential terms of the agreements, that is not publicly 

known, and its confidentiality is strictly maintained. I understand that this information could be 

used by competitors to Uber’s detriment, including in the context of negotiating business deals. If 

such information were made public, I understand Uber’s competitive standing could be 

significantly harmed. 

6. Defendants’ request to seal is narrowly tailored to those portions of Plaintiff’s 

Reply and its supporting papers that merit sealing. 

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. Executed this 22nd day of May, 2017, in Washington, D.C. 

 /s/ Michelle Yang 

Michelle Yang 

ATTESTATION OF E-FILED SIGNATURE 

I, Arturo J. González, am the ECF User whose ID and password are being used to file this 

Declaration. In compliance with General Order 45, X.B., I hereby attest that Michelle Yang has 

concurred in this filing. 

Dated: May 22, 2017 /s/ Arturo J. González 

Arturo J. González 

Case 3:17-cv-00939-WHA Document 488 Filed 05/22/17 Page 3 of 3