CORRECTED MUINO DECL.ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

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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 

MORRISON & FOERSTER LLP

425 Market Street 

San Francisco, California 94105-2482 

Telephone: 415.268.7000 

Facsimile: 415.268.7522 

Attorneys for Defendants 

UBER TECHNOLOGIES, INC., 

OTTOMOTTO LLC, and OTTO TRUCKING LLC 

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

CORRECTED DECLARATION OF 

DANIEL P. MUINO IN SUPPORT OF 

DEFENDANTS’ ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

PORTIONS OF THEIR OPPOSITION 

TO PLAINTIFF WAYMO LLC’S 

MOTION FOR PRELIMINARY 

INJUNCTION, SUPPORTING 

DECLARATIONS, AND EXHIBITS 

THERETO 

Trial Date: October 2, 2017

Case 3:17-cv-00939-WHA Document 190 Filed 04/07/17 Page 1 of 3
CORRECTED MUINO DECL. ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

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I, Daniel P. Muino, declare as follows: 

1. I am a partner at the law firm of Morrison & Foerster LLP. I am a member in 

good standing of the Bar of the State of California. 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 Defendants’ 

Administrative Motion to File Under Seal Portions of Their Opposition to Plaintiff Waymo 

LLC’s Motion For Preliminary Injunction, Supporting Declarations, and Exhibits Thereto. 

2. The declarations of Paul McManamon (“McManamon Declaration”), Michael 

Lebby (“Lebby Declaration”), James Haslim (“Haslim Declaration”), Scott Boehmke (“Boehmke 

Declaration”), and Sameer Kshirsagar (“Kshirsagar Declaration”), and the Opposition to 

Plaintiff’s Motion for Preliminary Injunction contain technical, proprietary trade secret 

information, which is highly confidential. If this information was made public, it could 

irreparably harm Defendants. 

3. Specifically, the highlighted portions of the McManamon, Haslim, Lebby, and 

Boehmke Declarations and the Opposition to Plaintiff’s Motion for Preliminary Injunction 

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

The design of Uber’s custom LiDAR system is an Uber trade secret which, if made public, would 

cause Uber irreparable harm in this very competitive space of autonomous driving. 

4. All five Exhibits to the Haslim Declaration likewise contain highly confidential 

trade secret information. Exhibit A is an email that discusses how Uber’s LiDAR system was 

derived, and Exhibits B-E are all designs or summaries describing how the system works. 

Exhibits A-P of the Boehmke Declaration likewise contain highly confidential trade secret 

information in the form of confidential schematics, summaries, presentations, and non-published 

patent applications that discuss Uber’s custom LiDAR system. 

5. The redacted portions of Exhibits 1 and 2 to the Kshirsagar Declaration contain 

highly confidential salary and compensation information. Uber guards this information closely 

and, if it were to be released to the public, its competitors could use it to Uber’s detriment. 

Case 3:17-cv-00939-WHA Document 190 Filed 04/07/17 Page 2 of 3
CORRECTED MUINO DECL. ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

pa-1778571 

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6. I understand that these trade secrets are maintained as confidential by Uber and are 

valuable as trade secrets to Uber’s business. The public disclosure of this information would give 

Uber’s competitors access to in-depth descriptions and analysis of Uber’s LiDAR system and 

detailed salary information. If such information were made public, I understand Uber’s 

competitive standing could be significantly harmed. 

7. Some of the redacted portions of Defendants’ Opposition, the Lebby, 

McManamon, Kshirsagar, and Faulkner Declarations, Exhibit 3 to the Lebby Declaration, and 

Exhibits 4,5, and 7 to the Chang Declaration have been designated by Waymo as either 

confidential or highly confidential. Waymo’s designations are highlighted in green in the 

unredacted copies of the declarations. The entirety of Exhibit 3 to the Kshirsagar Declaration has 

been designated by Waymo as highly confidential. 

8. Uber’s request to seal is narrowly tailored to those portions of the Opposition and 

its supporting papers that merit sealing. 

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

true and correct. Executed this 7th day of April, 2017, in Washington, D.C. 

 /s/ Daniel P. Muino 

Daniel P. Muino 

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 Daniel P. Muino has 

concurred in this filing. 

Dated: April 7, 2017 /s/ Arturo J. González 

Arturo J. González 

Case 3:17-cv-00939-WHA Document 190 Filed 04/07/17 Page 3 of 3