LINAVAL DECL. ISO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

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

DECLARATION OF ASHEEM 

LINAVAL IN SUPPORT OF 

DEFENDANTS’ OPPOSITION 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 177-5 Filed 04/07/17 Page 1 of 5
LINAVAL DECL. ISO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

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

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I, Asheem Linaval, declare as follows:

1. I am a hardware engineer at Uber Technologies, Inc. (“Uber”). I make this 

declaration in support of Uber’s opposition to plaintiff’s motion for preliminary injunction. I 

make this declaration based on personal knowledge and, if called as a witness, I would testify to 

the facts listed below.

2. I work on electronics design and am responsible for circuit board designs at Uber. 

I previously worked as an electrical engineer at OttoMotto LLC. Prior to joining Otto, I was an

Operations Associate working on Chauffeur for Adecco, which was a Google staffing agency. I 

have worked on electronics design and hardware implementation for approximately seven years 

3. I signed an offer letter when I joined 280 Systems, Inc., which became OttoMotto. 

The letter included provisions regarding third-party intellectual property (“IP”) and confidential 

information, instructing employees not to bring with them and use the IP and/or confidential 

information of any other companies. My offer letter provided that “Company does not want you 

to, and hereby directs that you must not, bring to Company, or otherwise use in connection with 

performing any services on behalf of the Company, any intellectual property rights or other 

proprietary or confidential material or information of any former employer or other third 

party. Accordingly by signing this Offer Letter you represent and warrant that you will not bring 

to Company, or otherwise use in connection with performing any services on behalf of the 

Company, any intellectual property rights or other proprietary or confidential material or 

information of any former employer or other party.” Attached as Exhibit A is a true and correct 

copy of my signed offer letter.

4. I regularly use Altium, which is software for designing circuit boards, and am 

familiar with the software package and the files it generates. I have used Altium for 

approximately six years.

5. I also regularly use LTspice, which is a software simulation tool for circuitry, and 

am familiar with the software package and the files it generates. I have used LT Spice for 

approximately seven years. 

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LINAVAL DECL. ISO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

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

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6. I also regularly use SolidWorks, which is software used for mechanical CAD 

(Computer Aided Design) and am familiar with the software package and the files it generates. I 

have used SolidWorks for approximately one year.

7. I understand that certain Altium, LT Spice, and SolidWorks files from my Uber 

computer were produced in this action because they match certain file names that Waymo has 

provided for a search of Uber’s files or they were MD5 hash matches for certain files Waymo 

identified. I have reviewed the list of files produced from my Uber computer. Below I explain 

these files and why the file name or hash matches do not establish that these files came from 

Waymo, which they did not. 

8. One category of files produced from my computer is Altium tutorial files. 

Examples of these files are: 512KBits_I2C_EEPROM.Harness, Fabrication.OutJob, 

Flash.Harness, and Top.SchDoc. These files came with the Altium software. 

9. Another category of files produced from my computer is ODB++ output files. 

These files are named attrlist, netlist, standard, matrix, feature and stephdr. These are standard 

default file names, so it is unsurprising that there would be a file name match between my Altium 

files and a Google user’s Altium files.

10. Attrlist is an attributes file that contains generic design information. There is an 

attrlist associated with each layer of a circuit board. The attributes described are generic and 

generally reveal only that a particular layer exists. They are akin to metadata. Parameters of 

these aspects of a printed circuit board, or “PCB,” remain in the default setting for many projects. 

If someone at Google also uses a default setting, then the attrlist output would be the same and 

there would be identical content and a hash match.

11. Netlist is a file that describes connectivity between different components of a PCB. 

I understand that there are no netlist files of mine that were hash matches for a Google file. This 

makes sense because netlist contains unique design information.

12. Standard is the default font and a file named “standard” is generated as an output 

of the ODB++. If someone at Google uses the default font, there would be a file name match.

13. Matrix is a file that has definitions of the physical order of the layers and the 

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LINAVAL DECL. ISO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

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relation of drill layers. I understand that there were only file name matches, and no hash matches,

on my matrix files. File name matches are expected because matrix is a default file name. 

14. Feature is a file that describes the PCB layer features. I understand that there were 

file name matches on my files for feature. File name matches are expected because feature is a 

default file name. I understand that there are no feature files of mine that were hash matches for a 

Google file. This makes sense because feature files contain unique design information.

15. Stephdr is a file that is generated as an output of the ODB++. I do not know what 

the file contains. 

16. Another category of documents is harness files. They identify the signals that are 

assigned to the harness. Harnesses are basic and can be used for a wide variety of devices. They 

can define very common groupings of signals. It is unsurprising that there would be file name or 

even hash matches given the standard file name and the generic nature of the file.

17. Another category of files is PrjPcbStructure files. This is a standard filetype. The 

file describes the hierarchy of the schematic documents in a project. Simple projects with 

standard project file names may end up generating the same content; it's unsurprising that there 

would be a handful of identical files and hash matches. 

18. Another category is SVN generated files, which have a .svn-base file extension. 

These files are copies of other files that have been renamed by the SVN application. These 

matches are explained above. As an example, a file called 

faf2356ddd659fa6a7832d67738db968810476f5.svn-base is a renamed copy of a Harness file 

called ATC-PCB-0021_AD16488.Harness. 

19. I understand that files on my computer containing .asc were file name matches. 

These files came with the LTspice software.

20. I understand that the following files on my computer were file name matches: 

pcb.sldprt, rotor.sldprt, and base.sldprt. These files are Solidworks example or sample files that 

are shipped with the software.

21. I also understand that files named Amp.SchDoc, Apd.SchDoc, Laser.SchDoc, 

Receiver.PcbDoc, Receiver.SchDocCAN.SchDoc, Ethernet.SchDoc, connector.PcbLib, 

Case 3:17-cv-00939-WHA Document 177-5 Filed 04/07/17 Page 4 of 5
LINAVAL DECL. ISO DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Case No. 3:17-cv-00939-WHA 4

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connector.SchLib, and connector.SchDoc were file name matches. These files use a standard 

naming convention that includes a functional description of the file. These are commonly used 

file names, and it is unsurprising that there are file name matches. 

22. On a clean, previously unused Microsoft Windows virtual machine loaded with 

Altium, LTSpice, I prepared three dummy projects and generated outputs to demonstrate that files 

of the type found on my computer are routine Altium outputs. The first project is a very simple 

hierarchical PCB project containing a few simple electrical components and two harness 

declarations. The hierarchy is set up with top as the top level and other two schematics as subschematics. There is very limited connectivity described within the schematics. From this, a 

PCB document file was created, which displays a sample PCB layout. There is an output job file 

with the suffix out job. That file is used to generate the ODB++ outputs, which also reside within 

the project. This is simplest possible hierarchical schematic with harness declarations. The 

second and third projects are nonhierarchical versions of the same project. Instead of two harness 

declarations, I included one of each type. I provided the virtual machine containing the design 

applications, and these dummy files to Stroz Friedberg so that it could determine whether the 

outputs were hash or file name matches for the alleged Waymo trade secret files. The dummy 

files have been labeled UBER00005478 to UBER00005733. 

23. None of the documents that were produced from my computers originated at 

Google or Waymo. To my knowledge, I did not bring any confidential or proprietary files from 

Google or Waymo to Otto or Uber. I have never used any Google or Waymo information during 

my employment at Uber and, before this lawsuit, I had never heard of the 14,000 files allegedly 

downloaded by Anthony Levandowski. I have never seen any evidence of any use of Google or 

Waymo information during my employment at Uber. 

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

foregoing is true and correct. Executed this 6th day of April, 2017, in San Francisco, California. 

 

Asheem Linaval 

Case 3:17-cv-00939-WHA Document 177-5 Filed 04/07/17 Page 5 of 5