YANG DECLARATION ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

sf-3820635 

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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 

WILLIAM CARMODY (Pro Hac Vice) 

bcarmody@susmangodfrey.com 

SHAWN RABIN (Pro Hac Vice) 

srabin@SusmanGodfrey.com 

SUSMAN GODFREY 

1301 Avenue of the Americas, 32nd Floor 

New York, NY 10019-6023 

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 RESPONSE TO UBER’S 

SUPPLEMENTAL BRIEF IN 

SUPPORT OF MOTION TO STRIKE 

VAGUE AND OVERBROAD TRADE 

SECRET CLAIMS AND EXHIBITS 

THERETO (DKT. 1449)

Case 3:17-cv-00939-WHA Document 1474 Filed 09/05/17 Page 1 of 4
YANG DECLARATION ISO DEFENDANTS’ 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 Plaintiff’s Administrative Motion to File under Seal Portions of Its Response to Uber’s 

Supplemental Brief in Support of Motion to Strike Vague and Overbroad Trade Secret Claims 

and Exhibits Thereto (Dkt. 1449). 

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 Response to Uber’s Supplemental 

Brief in Support of Motion to Strike 

(“Response”) 

Red-outlined Boxes 

Exhibit 1 Entirety 

Exhibit 2 Entirety 

Exhibit 3 Entirety 

3. Some of the red-outlined boxes in the Response contain highly confidential 

information regarding the technical features and development of Uber’s LiDAR. This highly 

confidential information is not publicly known, and its confidentiality is strictly maintained. I 

understand that disclosure of this information would allow Uber’s competitors to obtain a 

competitive advantage by understanding Uber’s technical information and development timeline. 

Competitors could utilize this knowledge to advance their own sensor technology or adjust their 

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

4. The entirety of Exhibit 1, as well as some of the red-outlined boxes in the 

Response, contains highly confidential information regarding a business relationship with a 

confidential vendor regarding the custom design relating to Uber’s LiDAR development, 

including the negotiation and evaluation of terms and conditions of this business relationship. 

Case 3:17-cv-00939-WHA Document 1474 Filed 09/05/17 Page 2 of 4
YANG DECLARATION ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

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

maintained. Disclosure of this information could allow Uber’s competitors and potential vendors 

to obtain a competitive advantage by understanding how Defendants negotiates with vendors 

regarding technical features and LiDAR design, such that they could tailor their own negotiation 

strategy and Uber’s competitive standing could be significantly harmed. 

5. Exhibit 1 also contains highly confidential information regarding the identity of a 

confidential third-party vendor for a custom design relating to LiDAR. This highly confidential 

information is not publicly known and its confidentiality is strictly maintained. Defendants 

request this information be kept under seal to protect the confidentiality of a business agreement 

with this confidential vendor. Disclosure of the identity of this confidential vendor would allow 

Uber’s competitors to understand the design input and technical features relating to a custom 

LiDAR design of Uber’s, such that they could tailor their own development of LiDAR and Uber’s 

competitive standing could be significantly harmed.. 

6. The entirety of Exhibit 2, as well as some of the red-outlined boxes in the 

Response, contains highly confidential information regarding a decision about a technical design 

choice. This highly confidential information is not publicly known, and its confidentiality is 

strictly maintained. Disclosure of this information could allow competitors to obtain a 

competitive advantage over Uber by allowing them to gain insight into the technical features of 

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

7. The entirety of Exhibit 3 is an email exchange between members of Uber’s selfdriving team, containing highly confidential information regarding the evaluation of various 

technical options for specific features in Uber’s LiDAR sensors. This highly confidential 

information is not publicly known, and its confidentiality is strictly maintained. I understand that 

disclosure of this information would allow Uber’s competitors to obtain a competitive advantage 

by learning how Uber approaches the technical challenges of LiDAR and evaluates possible 

solutions to these challenges, such that they can tailor their own LiDAR development to counter 

Uber and Uber’s competitive standing could be significantly harmed. 

Case 3:17-cv-00939-WHA Document 1474 Filed 09/05/17 Page 3 of 4
YANG DECLARATION ISO DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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8. In addition, some portions of Exhibits 1-3 contains the email addresses, phone 

numbers, and other contact information of high-ranking current and former company executives 

and employees, whose email accounts and numbers may still become compromised if disclosed to 

the public. Defendants seek to seal this information in order to protect the privacy of these 

current and former employees executives, as prominent individuals at the company are currently 

the subject of extensive media coverage. Disclosure of this information could expose these 

individuals to harm or harassment. 

9. Defendants’ request to seal is narrowly tailored to the portions of Waymo’s 

Response and its supporting papers that merit sealing. 

I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th 

day of September, 2017 in Washington, D.C. 

 /s/ Michelle Yang 

Michelle Yang 

ATTESTATION OF E-FILED SIGNATURE 

I, Michael A. Jacobs, 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: September 5, 2017 /s/ Michael A. Jacobs 

MICHAEL A. JACOBS 

Case 3:17-cv-00939-WHA Document 1474 Filed 09/05/17 Page 4 of 4