Waymo trial could be decided by what Uber executives won’t disclose

Levandowski, regarded as a visionary in autonomous technology, is not a defendant in the case but is on Waymo’s witness list. Waymo has accused Uber of benefiting from Waymo technology that it says Uber acquired through Levandowski. Uber has denied Waymo’s allegations and has argued that the data in the files were not trade secrets.

The case hinges on whether Uber used the alleged trade secrets to further its autonomous vehicle program. It may help determine who emerges in the forefront of the fast-growing field of self-driving cars. It is the highest-stakes legal challenge on a list of litigation that Uber’s chief executive, Dara Khosrowshahi, inherited when he joined the company in August.

“This is a case that is the biggest in the history of Uber,” Uber attorney Bill Carmody told the court during a pretrial hearing on Tuesday. Jury selection in the civil case is set for Wednesday in San Francisco federal court, with testimony expected to begin next week.

Waymo has accused Uber of benefiting from Waymo technology that it says Uber acquired through Levandowski. (File Photo)

During a pretrial deposition in April, Waymo lawyers questioned Levandowski for hours about allegations that he took Waymo’s trade secrets. He declined to answer any questions about his time at both companies, citing constitutional protections against self-incrimination over 300 times, according to a deposition transcript. Levandowski has never publicly addressed the allegations of taking the documents and law enforcement has not charged anyone with their theft.

The US Department of Justice is conducting a criminal investigation into what transpired, according to court filings. Given the ongoing probe, lawyers for both companies said at a hearing in September that they do not expect Levandowski to answer questions if called to the witness stand at trial. Uber, Waymo and Miles Ehrlich, an attorney for Levandowski, declined to comment.