SUPPLEMENTAL FAULKNER DECL. ISO DEFENDANTS’ SUR-REPLY TO WAYMO’S PRELIMINARY INJUNCTION MOTION

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

sf-3762003

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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

SUPPLEMENTAL DECLARATION 

OF KEVIN FAULKNER IN SUPPORT 

OF DEFENDANTS’ SUR-REPLY TO 

PLAINTIFF WAYMO LLC’S 

MOTION FOR PRELIMINARY 

INJUNCTION

Date: May 3, 2017

Time: 7:30 a.m.

Ctrm: 8, 19th Floor

Judge: The Honorable William Alsup

Trial Date: October 2, 2017

Case 3:17-cv-00939-WHA Document 303 Filed 04/28/17 Page 1 of 4
SUPPLEMENTAL FAULKNER DECL. ISO DEFENDANTS’ SUR-REPLY TO WAYMO’S PRELIMINARY INJUNCTION MOTION

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SUPPLEMENTAL DECLARATION OF KEVIN FAULKNER

I, Kevin Faulkner, declare as follows:

1. I am a Managing Director and head of the New York digital forensics lab at Stroz 

Friedberg. My April 7, 2017 declaration in support of Uber’s opposition to Waymo’s motion for 

preliminary injunction set forth Stroz Friedberg’s retention to investigate whether any Waymo 

confidential material was placed on Uber’s computer systems, and my background and

experience in digital forensics. This declaration contains an update on Uber’s efforts to search for 

Waymo confidential materials. I make this declaration based on personal knowledge and, if 

called as a witness, I would testify to the facts listed below.

2. Uber has made extraordinary progress in its investigation since April 7. Stroz 

Friedberg has a team of over 40 professional staff actively working to identify, preserve, collect, 

and process electronically stored information to search for Waymo confidential materials to the 

extent they exist anywhere at Uber. To date, we have forensically collected over 229 terabytes of 

data, which is a volume among the greatest of any project I have worked on in my 13 years in this 

industry. From the date of our retention on March 15, 2017, the Stroz Friedberg team has 

invested over 2,600 hours in this effort.

3. To date, Stroz Friedberg has imaged the workstations of 131 employees, which I 

understand constitutes all former Google employees who are now at Uber as well as all of the 

employees implicated in the Court’s April 6, 2017 Discovery Order (the “April 6 Order”) [Docket 

163]. The Uber employees subject to the April 6 Order have a total of 196 devices. I expect that 

at least 160 of these devices (approximately 82%) will have been processed into our search 

application Relativity by the end of this week. This includes all “primary” workstations for these 

custodians, as many of these employees use two, if not three or four computers; I understand that 

many of these secondary machines are used in labs for collecting testing data. 

4. Regarding email, for the custodians subject to the April 6 Order, we have 

collected, processed and searched each custodians’ mailbox and made the search results available 

in our Relativity review platform for counsel’s review. 

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SUPPLEMENTAL FAULKNER DECL. ISO DEFENDANTS’ SUR-REPLY TO WAYMO’S PRELIMINARY INJUNCTION MOTION

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5. Regarding Google Drive, for the custodians subject to the April 6 Order, we have 

collected, processed and made all keyword responsive Google Drive files available in Relativity. 

Because of known problems with searching and exporting files from Google Drive, Stroz 

Friedberg developed a custom API script for identifying search term hits within Drive to 

overcome these problems. We are performing a quality control review of these search processes 

and may have a small supplemental set to add, but for the most part the Google Drive search is 

complete.

6. Regarding LiDAR-related servers at Uber, by the end of this week, I expect Stroz 

Friedberg will have finished our searches of all of these servers, with the exception of a massive 

server called Nas1.int.uberatc.com (“Nas1”). Nas1 has approximately 113 terabytes of storage 

capacity, so I expect that our searches for Waymo materials could take up to an additional week.

7. Stroz Friedberg is working with counsel for Uber to review the results of all of 

these searches. As noted in my April 10, 2017 Declaration, Waymo’s overly broad search criteria 

adds significant burden to this process. The Waymo SVN files contain numerous commonly used 

filenames and other non-unique content that can appear on any computer with Altium or other 

electrical engineering applications. For this reason, the search results continue to contain 

thousands of “false positive” files that take time for Stroz Friedberg and counsel to sort through 

and review.1 To provide some sense of the scale of this issue, as of April 27, 2017, there are over 

600,000 family-inclusive documents responsive to the keywords, and 3,250 files that match by 

file name. Though I am not a subject matter expert in LiDAR-related electrical engineering, in 

my sampling of these files I have yet to see any files that appear to constitute legitimate Waymo 

confidential materials.

 

1 On April 14, 2017, at the direction of the Special Master, Uber asked Waymo to agree to 

certain revisions to the search criteria. Uber requested the removal of 107 unique hash values, 

104 unique filenames, and 10 search terms. As of the date of this declaration, I understand that 

Waymo has agreed to remove the 107 unique hash values, but only three of the 104 unique 

filenames. As a result, the Waymo filenames we must search for continue to include common 

names like “notes.txt,” “Status Report.txt,” and “readme.txt.” Of the 3,250 matching filenames, 

1,279 are entitled “Status Report.txt.”

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SUPPLEMENTAL FAULKNER DECL. ISO DEFENDANTS’ SUR-REPLY TO WAYMO’S PRELIMINARY INJUNCTION MOTION

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8. Regarding files that match by MD5 hash value, to date we have identified a total 

of 402 MD5 hash hits, which consist of nine unique hash values. These files are all 

PrjPCBStructure, tools, or attrlist flies. I understand from the declaration of Asheem Linaval that 

PrjPCBStructure is a standard file type that describes the file hierarchy and that it is unsurprising 

that there would be hash matches. I further understand from Mr. Linaval’s declaration that attrlist 

files contain generic parameters of printed circuit boards that can generate matches when default 

settings are used. 

I declare under the penalty of perjury under the laws of the United States of America that 

the foregoing is true and correct. Executed this 28th day of April, 2017, in London, United 

Kingdom. 

 

Kevin Faulkner 

Case 3:17-cv-00939-WHA Document 303 Filed 04/28/17 Page 4 of 4