Waymo, formerly Google's autonomous driving wing, filed the injunction against Uber last month after it claimed that former employee Andrew Levandovski copied the technology for the Uber-owned Otto.
Alphabet alleges that Anthony Levandowski stole 14,000 files from its self-driving vehicle wing before he left in January 2016 to start the autonomous trucking company Otto, which was purchased by Uber in August for $680 million.
Despite the various internal technology developments, Uber also claims that it has only ever used commercially available lidar sensors in the self-driving cars that it has put on the road.
In a letter filed publicly to Judge William Aslup, Waymo's attorney says that Uber's search for the documents was "willfully" limited and insufficient, and did not include an investigation of the personal devices of Levandowski, now a VP of engineering.
Once a Google ally, Uber emerged as a rival in the self-driving auto market in early 2015 when it began developing its own fleet of autonomous vehicles.
Nevertheless, Uber does admit that it has found itself in a tricky legal position, because Levandowski has asserted his right to remain silent regarding the allegation that he downloaded 14,000 Waymo files before becoming an Uber employee. Against which Uber attorney claims that they are working on it and didn't find any hits, which would prove Waymo's allegations to be true.
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Uber's attorneys told the judge that they'd "love" to have Levandowski give his account of the case, according to court transcripts reviewed by Recode.
"Uber's conduct plainly is created to delay the expedited proceedings ordered by this Court and stonewall Waymo's request for preliminary relief", the court filing reads.
"You're not denying it, no one is denying he has the 14,000 files. Nor is this an employment dispute between Waymo and Mr. Levandowski", reads the opposition. Uber says its in-house lidar design was set by its roboticist Scott Boehmke, who named the project "Fuji", according to Friday's filing. The first is a company called Odin Wave - which Waymo alleges that Levandowski is the owner of - and the second is Tyto Lidar, which Otto acquired in May of 2016.
Uber has many vehicles with LIDAR technology operating in Pittsburgh and Tempe, Arizona. Among other things, Uber says its LiDAR uses four lenses for transmitting and receiving laser lights as opposed to the single lens in Waymo's version.
Waymo asked for a preliminary injunction to stop Uber and Otto using the alleged trade secrets and infringing its patents. "Ultimately, that would be harmful to the public". "Uber is the defendant in this case, and Uber is responsible for its misconduct".