May 14, 2019 Articles

Proving Damages in an Emerging Industry: Lessons from Waymo v. Uber

The case illustrates the efforts plaintiffs should undertake to tie their damages to the specific misappropriation.

By Ronald T. Coleman Jr. and Anne Horn Baroody

As the dust settles on Waymo and Uber’s surprise mid-trial settlement, the former combatants likely have turned their resources and efforts back to the prize: development and commercialization of the first self-driving cars. For nearly a year, the parties tussled in the Northern District of California over the rights to several technologies developed for the autonomous vehicle (AV) industry. Waymo LLC v. Uber Techs., Inc., No. 3:17-cv-00939 (N.D. Cal.). Waymo claimed that Uber, through the acquisition of co-defendant Ottomotto LLC, had misappropriated trade secrets developed by Waymo and unfairly accelerated its commercialization timeline.

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