Last week Uber’s criminal group advised Judge William Alsup that Waymo was once searching for $2.6 billion for an allegedly stolen business secret associated with the corporate’s self sufficient car efforts. Over the weekend, Waymo filed a file with the courtroom noting that the proper determine was once actually $1.859 billion.
It’s now not transparent why this reputedly necessary element was once left uncorrected for just about every week. The submitting additionally comprises some further rationalization round the way in which through which the damages determine was once calculated.
Though Waymo is arguing that 9 business secrets and techniques have been installed jeopardy by way of Anthony Levandowski, it is looking for a most of $1.eight billion in damages. That determine is the price that Waymo is attributing to a unmarried business secret — business secret 25. The different 8 secrets and techniques are being in my opinion valued at lower than $1.eight billion. Consequently, Waymo is capping the damages on the price of its most dear compromised business secret.
Waymo’s lawyers observe that the $1.eight billion determine was once calculated according to an estimate of “Uber’s unjust enrichment from Uber’s trade secret misappropriation.” Waymo continues that the damages are according to Uber’s personal profitability forecasts of deploying self sufficient cars into its ride-sharing trade.
This Wednesday is the general pre-trial convention sooner than jury variety. However, the real get started date of the trial remains to be in query. Judge Alsup is ready to make a decision whether or not the trial will have to start on October 10th as these days scheduled or December five, the date Waymo’s criminal group asked. Waymo is pushing for the extension to dig thru further proof. Meanwhile, Uber believes Waymo is stalling and would like to stick with the prevailing time table.
The footnote clarifying the damages Waymo is looking for is famous in complete underneath.
Two days in the past, Uber’s lead suggest advised the Court that Waymo is calling for $2.6 billion in damages for one business secret. (Dkt. 1723, nine/20/17 Public Hrg. at 73:25-74:10.) That is fake. Waymo is calling for $1.859 billion for Trade Secret 25 (now not $2.6 billion) and no more for the rest business secrets and techniques. Furthermore, Waymo’s numbers don’t seem to be additive; if the jury reveals that Defendants misappropriated each asserted business secret, Waymo nonetheless most effective seeks $1.859 billion.
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