SUPPLEMENTAL CHANG DECL. ISO DEFENDANT’S SUR-REPLY TO WAYMO’S PRELIMINARY INJUNCTION MOTION

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

sf-3762057 

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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 

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 ESTHER KIM CHANG 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

REDACTED VERSION OF DOCUMENT SUBMITTED UNDER SEAL

Case 3:17-cv-00939-WHA Document 307 Filed 04/28/17 Page 1 of 3
SUPPLEMENTAL CHANG DECL. ISO DEFENDANT’S SUR-REPLY TO WAYMO’S PRELIMINARY INJUNCTION MOTION

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I, Esther Kim Chang, declare as follows:

1. I am an attorney with 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 on personal 

knowledge and, if called as a witness, I could and would testify competently to the matters set 

forth herein. I make this declaration in support of Defendant’s Sur-Reply to Plaintiff’s Motion 

for Preliminary Injunction.

2. On April 16, 2017, my colleague Arturo Gonzalez offered Waymo LLC the 

opportunity to inspect the components of Spider on April 18 or April 19. Attached hereto as 

Exhibit 9 is a true and correct copy of the email from Mr. Gonzalez to Waymo counsel, dated 

April 16, 2017. Waymo counsel did not respond. On April 17, all available components of 

Spider were transported to the offices of Morrison & Foerster. That day, Mr. Gonzalez again 

offered the inspection of the components of Spider. Attached hereto as Exhibit 10 is a true and 

correct copy of the email from Mr. Gonzalez to Waymo counsel, dated April 17, 2017. Waymo 

counsel finally came to inspect the components of Spider on April 19. That same day, 

Defendants produced to Waymo a hard copy production of the pictures taken at the inspection, 

having Bates number UBER00011629 to UBER00011689. 

3. Attached hereto as Exhibit 11 is a true and correct copy of Exhibit 1031 to the 

deposition of Daniel Chu on April 3, 2017, produced by Waymo in connection with his 

deposition. This document has Bates number WAYMO-UBER-00004175 to WAYMO-UBER00004194. Exhibit 11 is a report dated March 19, 2015, which 

 (WAYMO-UBER-00004183) and asks 

 (WAYMO-UBER-00004186). 

4. Mr. Chu’s deposition testimony on April 3, 2017, confirms that 

 

 

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 (Chu Dep. at 7:8-15; 8:19-23; 10:24-11:7; 11:23-12:7; 25:5-25; and 40:11-19.) Attached 

Case 3:17-cv-00939-WHA Document 307 Filed 04/28/17 Page 2 of 3
SUPPLEMENTAL CHANG DECL. ISO DEFENDANT’S SUR-REPLY TO WAYMO’S PRELIMINARY INJUNCTION MOTION

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hereto as Exhibit 12 is a true and correct copy of excerpts of the deposition transcript of Mr. Chu, 

dated April 3, 2017. 

5. Attached hereto as Exhibit 13 is a true and correct copy of excerpts of the 

deposition of Gary Brown, dated March 24, 2017. 

6. Attached hereto as Exhibit 14 is a true and correct copy of excerpts of the 

deposition of Daniel Gruver, dated April 20, 2017. 

7. Attached hereto as Exhibit 15 is a true and correct copy of excerpts of the 

deposition of Gregory Kintz, dated April 26, 2017. 

8. Attached hereto as Exhibit 16 is a true and correct of a TechCrunch article titled, 

“A Waymo Filing Leaks LiDAR Tech Details in Uber Lawsuit,” dated April 26, 2017. 

9. Attached hereto as Exhibit 17 is a true and correct copy of an IEEE Spectrum 

article titled, “Waymo vs. Uber: 8 Things I Learned from Anthony Levandowski Taking the 

Fifth,” dated April 26, 2017. 

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

foregoing is true and correct. Executed this 28th day of April, 2017, in San Francisco, California. 

 /s/ Esther Kim Chang 

 ESTHER KIM CHANG

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 Esther Kim Chang 

has concurred in this filing. 

Dated: April 28, 2017 /s/ Arturo J. González

Arturo J. González 

Case 3:17-cv-00939-WHA Document 307 Filed 04/28/17 Page 3 of 3