YANG DECLARATION ISO WAYMO’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

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 

PLAINTIFF’S ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

PORTIONS OF ITS LETTER BRIEF 

REGARDING WAYMO’S MOTION 

TO COMPEL (DKT. 681) 

Trial Date: October 10, 2017

Case 3:17-cv-00939-WHA Document 741 Filed 06/26/17 Page 1 of 6
YANG DECLARATION ISO WAYMO’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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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 Letter Brief 

Regarding Waymo’s Motion to Compel (Dkt. 681).

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 Letter Brief Regarding Waymo’s 

Motion to Compel (“Letter Brief”) (Dkt. 681-

3)

Marked portions (in red boxes)

Exhibit 3 of Waymo’s Letter Brief Marked portions (in red boxes)

Exhibit 5 of Waymo’s Letter Brief Entire Document

Exhibit 6 of Waymo’s Letter Brief Entire Document

Exhibit 7 of Waymo’s Letter Brief Marked portions (in red boxes)

Exhibit 8 of Waymo’s Letter Brief Marked portions (in red boxes)

Exhibit 13 of Waymo’s Letter Brief Marked portions (in red boxes)

Exhibit 16 of Waymo’s Letter Brief Marked portions (in red boxes)

1. The marked portions (in red boxes) of Waymo’s Letter Brief identified specific 

software modules described in highly confidential Disclosure Schedules to the Put Call 

Agreement (Dkt. 515-11). These Disclosure Schedules were filed entirely under seal, and the

Court granted sealing at Dkt. 707. Here, the identification of software modules reveal technical 

features developed by Ottomotto LLC and acquired by Uber. This highly confidential 

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

that this information could be used by competitors or counterparties to Uber’s detriment, 

including to gain an advantage over Uber in development strategy. For example, disclosure of 

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Uber and Ottomotto’s LiDAR-related technical features would allow competitors to understand 

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

development. If such information were made public, I understand Uber’s competitive standing 

could be significantly harmed.

2. The marked portions (in red boxes) on pages 10-13 of Exhibit 3 contain highly 

confidential information regarding third party vendors for Uber’s LiDAR, some of which are

subject to non-disclosure agreements. Defendants are contractually bound to maintain the 

confidentiality of this third party’s confidential information, which reveal Uber’s LiDAR 

development and strategy. If this information were to be released to the public, Defendants’ 

competitors would have access to detailed information about Defendants’ LiDAR design work

and product development strategy, which would allow them to tailor their own LiDAR 

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

3. The marked portions (in red boxes) of on pages 10-13 of Exhibit 3 also reference

highly confidential technical features of Uber’s LiDAR development work. This highly 

confidential information is not publicly known, and their confidentiality is strictly maintained. If 

this information were to be released to the public, Defendants’ competitors would have access to 

technical details about Defendants’ LiDAR design work and product development strategy, which 

would allow them to tailor their own LiDAR development. Uber’s competitive standing could 

significantly be harmed.

4. The marked portions (in red boxes) on pages 10-13 of Exhibit 3 contain the names 

and locations of Uber employees and former employees who worked on LiDAR-related projects, 

and disclosure of their information would harm their privacy interests. Defendants request these 

names and current location information be kept confidential in order to protect the privacy of 

individuals at a company that is currently the subject of extensive media coverage, and prevent 

them from being exposed to harm or harassment.

5. The marked portion (in red boxes) on pages 6 and 7 of Exhibit 3 contains highly 

confidential information regarding business agreement terms, including information about the 

structure of a business agreement. This highly confidential information is not publicly known, 

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and their confidentiality is strictly maintained. If this information were to be released to the 

public, Defendants’ competitors and counterparties would have insight to how Defendants

structured its business agreements, which would allow them to tailor their own business 

negotiation strategy. Defendants’ competitive standing could significantly be harmed.

6. Exhibit 5 is an email from Anthony Levandowski to his LiDAR team at Ottomotto 

that discusses technical features developed by Ottomotto, internal analyses of potential business 

models, and internal technical goals. This highly confidential information is not publicly known, 

and their confidentiality is strictly maintained. If this information were to be released to the 

public, Defendants’ competitors and counterparties would have insight to Defendants’ product 

development and business strategy, including business model analysis, which would allow them 

to tailor their own LiDAR development work. Defendants’ competitive standing could 

significantly be harmed.

7. Exhibit 6 is a highly confidential email exchange containing highly confidential 

information relating to Defendants’ negotiation of business agreements, including specific 

commercial terms such as purchase amounts, payment, and delivery terms. The email exchange 

also includes descriptions of contents of the portions of the Term Sheet for which the Court 

granted sealing at Dkt. 550 and 707. This highly confidential information is not publicly known, 

and its confidentiality is strictly maintained. I understand that this information could be used by 

competitors or counterparties to Uber’s detriment, including by using this information to gain an 

advantage over Uber in negotiations for business transactions. Disclosure of such information 

would reveal Uber’s negotiation strategy and commercial terms, including purchase amounts, 

payment, and delivery terms, which would allow competitors or counterparties to tailor their 

negotiation tactics to counter Uber. If such information were made public, I understand Uber’s 

competitive standing could be significantly harmed. 

8. The marked portion (in red boxes) of Exhibits 7 and 8 contain a personal home 

address and personal phone numbers of individuals involved in this litigation. Defendants request 

this personal identifying information be kept confidential in order to protect the privacy of 

individuals in this litigation, which is currently the subject of extensive media coverage. 

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Disclosure of this personal identifying information could expose them to harm, harassment, or 

identity theft.

9. The marked portion (in red boxes) of page 8 of Exhibit 13 includes the identity of 

a confidential third party vendor for Uber’s LiDAR. This highly confidential information is not 

publicly known, and their confidentiality is strictly maintained. I understand that this information 

could be used by Uber’s competitors to obtain an advantage in understanding Uber’s work with 

LiDAR and allow them to tailor their own LiDAR development strategy.

10. The marked portion (in red boxes) of page 7 of Exhibit 13 contains highly 

confidential information regarding business agreement terms, including information about the 

structure of the agreement. This highly confidential information is not publicly known, and their 

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

Defendants’ competitors and counterparties would have insight to how Uber and Ottomotto 

structured business agreements, which would allow them to tailor their own business negotiation 

strategy. Defendants’ competitive standing could significantly be harmed.

11. The marked portion (in red boxes) of pages 2-5 of Exhibit 16 include highly 

confidential information containing detailed technical information about Uber’s LiDAR design, 

assembly process, and confidential vendor information. This highly confidential information is 

not publicly known, and their confidentiality is strictly maintained. If this information were to be 

released to the public, Defendants’ competitors would have access to technical details about 

Defendants’ LiDAR design, assembly process, and confidential vendors, and the competitors 

could obtain insight to Defendants’ design and strategy that would allow them to tailor their own 

LiDAR development. Uber’s competitive standing could significantly be harmed.

12. The marked portions (in red boxes) of on page 6 of Exhibit 16 contain an 

identification of Uber’s servers containing LiDAR-related information. Defendants request that 

this information be kept confidential in order to protect the security of Defendants’ servers, and 

prevent them from being exposed to cyberattack.

13. Defendants’ request to seal is narrowly tailored to those portions of Plaintiff’s 

Letter Brief and its supporting papers that merit sealing.

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

true and correct. Executed this 26th day of June, 2017, in Washington, D.C.

 /s/ Michelle Yang

Michelle Yang

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: June 26, 2017 /s/ Arturo J. González

Arturo J. González

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