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February 6, 2018 02:00 am

What We Learned From Day 1 of the Uber and Alphabet Trial

Recode highlights the presentations each side gave on Day 1 in the Waymo v. Uber trial: Alphabet's self-driving arm, Waymo, and Uber gave their opening statements in front of a jury on Monday, commencing the courtroom phase of what has already been a messy legal battle. The day was entirely about opening arguments, but both Uber's and Waymo's strategy centers largely on one thing: Our opponent stooped to the levels they did because they were afraid we would beat them. Uber claims Waymo's lawsuit is baseless and is only suing because they were upset they were losing top talent at a time when competing companies began gaining ground. Waymo claims Uber was worried about getting beat in the self-driving car race so it stole Waymo's trade secrets when it hired one of its former executives. If Uber loses the case, it could have to pay out millions of dollars in damages and potentially stall its self-driving efforts. For Waymo, losing the case will have largely reputational risks. Alphabet rarely, if ever, sues over any issues with people or other companies, which means this litigation carries a lot of weight. Uber as the defense doesn't have to prove anything, just cast enough doubt on Waymo's claims. Waymo has to prove both motivation on the part of Uber to intentionally steal trade secrets, and that the information Uber stole was proprietary. "That was quite the story," Uber attorney Bill Carmody said in his opening statement. "I want to tell you right up front. It didn't happen, there's no conspiracy, there's no cheating, period end of story." It'll be up to the jury to determine if Waymo has presented enough evidence to prove that not only did Uber steal trade secrets, that the company was using them in their current self-driving technology. Painting Waymo as a company that was growing increasingly concerned over losing top engineers to Uber -- in addition to harboring personal grievances against Levandowski -- could help the ride-hail company convince the jury that Waymo had ulterior motives with its lawsuit. Recode has a detailed list in their report of all the evidence Uber and Waymo presented against one another, as well as their strategies going forward.

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