YANG DECLARATION ISO OTTO TRUCKING’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

sf-3810281 

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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 OTTO 

TRUCKING’S ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

EXHIBIT 1 TO THE DECLARATION 

OF HONG-AN VU IN SUPPORT OF 

ITS REPLY IN SUPPORT OF 

MOTION TO ENFORCE THE 

COURT’S JUNE 7, 2017 ORDER 

(DKT. 1040 (CORRECTED AT DKT. 

1062)) 

Trial Date: October 10, 2017

Case 3:17-cv-00939-WHA Document 1067 Filed 08/01/17 Page 1 of 4
YANG DECLARATION ISO OTTO TRUCKING’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

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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 Otto Trucking’s Administrative Motion to File Under Seal Exhibit 1 to the Declaration 

of Hong-An Vu in Support of its Reply in Support of Motion to Enforce the Court’s June 7, 2017 

Order (Dkt. 1040 (Corrected at Dkt. 1062)). 

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

identified below merit sealing: 

Document Portions to Be Filed Under Seal 

Exhibit 1 to the Declaration of Hong-An Vu 

(Dkt. 1062-3) (Corrected version of Dkt. 

1040-3) 

Blue-highlighted portions 

3. The blue-highlighted portions on pages 142, 144, 146, 150, 152, 153, and 154 of 

Exhibit 1 contain highly confidential information regarding financial terms of a business 

agreement and financial information of Ottomotto, including information about the structure, 

economic value, detailed monetary terms, and negotiations of business agreements with 

counterparties who have ongoing relationships with Defendants. This highly confidential 

information is not publicly known, and its confidentiality is strictly maintained. If this 

information were to be released to the public, Defendants’ competitors and counterparties would 

have insight to how Defendants structure their business agreements, including what potential 

monetary terms have been offered, which would allow them to tailor their own business 

negotiation strategy, such that Uber’s competitive standing could be harmed. 

4. The blue-highlighted portions on pages 144, 145, 146, 147, 150, 151, 152, and 153 

of Exhibit 1 also contain highly confidential information regarding Uber’s competitive analysis of 

the self-driving market, strategic priorities, and development of its own detailed market strategy, 

including Uber’s internal development timeline estimate and internal analyses of potential 

business and production models. This highly confidential information is not publicly known, and 

Case 3:17-cv-00939-WHA Document 1067 Filed 08/01/17 Page 2 of 4
YANG DECLARATION ISO OTTO TRUCKING’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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its confidentiality is strictly maintained. If this information were to be released to the public, 

Defendants’ competitors and counterparties would have insight to how Defendants’ analysis of 

business opportunities, strategic priorities, development timelines, and how Defendants have 

chosen to strategically position themselves within this market. This would allow competitors to 

understand Uber’s LiDAR development and business strategy, and allow them to tailor their own 

LiDAR development, such that Uber’s competitive standing could be harmed. 

5. The blue-highlighted portions on pages 145, 146, and 153 of Exhibit 1 also contain 

actual and projected component or device pricing, estimated costs relating to such components or 

devices, the identification of a confidential vendor of Uber, and projected unit numbers. This 

highly confidential information is not publicly known, and its confidentiality is strictly 

maintained. If this information were released to the public, Defendants’ competitors could tailor 

their LiDAR strategy to target this component price or this confidential vendor, such that they 

obtain a competitive advantage against Uber. 

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

Trucking’s Exhibit 1 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 1st day of August, 2017, at Washington, D.C. 

 /s/ Michelle Yang 

Michelle Yang 

Case 3:17-cv-00939-WHA Document 1067 Filed 08/01/17 Page 3 of 4
YANG DECLARATION ISO OTTO TRUCKING’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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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: August 1, 2017 /s/ Arturo J. González 

Arturo J. González 

Case 3:17-cv-00939-WHA Document 1067 Filed 08/01/17 Page 4 of 4