Company / division: Waymo
Waymo Drops Three of Four Patent Claims Against Uber (Jul 7, 2017)
Waymo has dropped three of the four patent claims in its lawsuit against Uber, partially complying with a suggestion from the judge in the case. The patents dropped relate to a design which Waymo became aware of, but which Uber doesn’t actually use and has promised not to use going forward, making them much less important. The judge has indicated throughout the process that he largely believes Waymo’s claims about Anthony Levandowski downloading files and bringing them to Uber, but has also suggested that the patent part of the lawsuit is going to be tough to prove and should be set aside by Waymo. Uber is, of course, trumpeting the news as a sign that the whole thing is misguided, while at the same time seeking depositions of Alphabet executives with a few to showing that the suit is motivated by a desire to slow Uber’s efforts down rather than a true desire for legal redress. The tone of Uber’s statement to various outlets today certainly suggests that it isn’t backing down on its aggressive response following the departure of Travis Kalanick as CEO, answering one of the questions I posed at the time he stepped down. Ultimately, though, narrowing the case to a few key points and potentially even dropping the remaining patent claim is likely to give Waymo a better chance at winning in court, even if the scope of that win is smaller than it originally hoped. Update: later in the day, the judge granted Uber’s request to depose Larry Page for up to four hours, per Recode.
The judge in the Uber-Waymo case has told Uber in no uncertain terms that it has to do all it can to get its employee, Anthony Levandowski, to comply with the court’s orders in terms of handing over documents and disclosing other information relevant to the case. As such, given his continued unwillingness to cooperate, Uber has officially threatened to fire him – something it certainly doesn’t want to do – and his lawyers are now fighting back. Levandowski has throughout this process invoked his fifth amendment right against self-incrimination, but that in turn has made it harder for Uber to defend itself, because much of the most relevant information has been held back by Levandowski. At this point, it feels like both Uber and Levandowski are coming off badly around this whole situation, given that it seems very clear that Uber was working with Levandowski before he left Waymo, and Levandowski clearly feels he has something to hide. I very much doubt Levandowski will actually be fired, but it’s remarkable that he continues to resist these clear orders from the judge even as his job is at stake. Meanwhile, both parties – Levandowski and his employer – seem remarkably willing to throw each other under the bus, which says something both about the stakes here and the prevailing culture at the company.
Waymo-Uber Injunction Made Public (May 15, 2017)
★ Waymo and Lyft Partner Over Self-Driving Cars (May 15, 2017)
The New York Times reported last night that Alphabet autonomous driving unit Waymo and ride sharing company Lyft are partnering around self-driving cars. There aren’t many details, but it’s worth noting that Lyft already has GM as an investor and partner, and GM has its own autonomous driving technology through its Cruise Automation subsidiary. But the brief Lyft statement on the partnership described Waymo’s technology as the best out there, which certainly matches my own perception but likely wasn’t well received at Cruise. But the partnership is a concession by Lyft that it needs its partnerships in autonomy to move much faster to compete in autonomous driving with Uber, which of course is developing its own technology, and a concession by Waymo that it likely won’t be building a ride sharing network at scale on its own. Even though the situation is complicated somewhat by Alphabet’s investment in Uber through GV, Waymo and Lyft certainly have a common enemy in Uber at the moment, and joining forces makes a ton of sense. Waymo has the autonomous technology but not ride sharing expertise or scale, while Lyft has the ride sharing scale but no expertise in autonomy. As I’ve said before, though a number of tech companies are trying to play in one of the three major shifts in transportation – autonomy, electrification, and mobility as a service – few are serious players in more than one of those domains. Partnerships are therefore going to be key for most of them, although acquisitions (including a possible eventual Waymo-Lyft acquisition) would be another eventual outcome.
Uber’s Bid to Move Waymo Case to Arbitration Fails (May 11, 2017)
We’ve already seen some juicy stuff come out of the Uber-Waymo case, and we’ve only been in the preliminary stages of the lawsuit. Uber had therefore understandably moved to have the case decided in arbitration rather than open court, away from public eyes, but it has today failed in that attempt as a judge decided the case will be heard in court as Waymo wanted. That, in turn, means we’ll likely have lots more details about Uber and Anthony Levandowski’s actions aired in court, something Uber likely desperately wanted to avoid given all the bad press it’s already had since the beginning of the year over its support for the Trump administration, its toxic culture, its CEO’s treatment of drivers, and so on and so forth. And of course, there’s still the possibility the case ultimately goes against Uber, though based on the preliminary hearings it sounded like Waymo hadn’t yet found its smoking gun in proving that Uber and Levandowski stole and used confidential information. However, the judge has referred the case to the US Attorney for consideration as a criminal case as well, so things just keep getting worse for Uber here. see also this Axios piece, which not only does a better job of explaining the situation with regard to arbitration but includes a rebuke of Uber by the judge. And lastly notes that Waymo has been granted a partial injunction against Uber, though the details remain secret.
Anthony Levandowski, who has until now led Uber’s self-driving group, has been removed from his role during the lawsuit between the company and Waymo over the alleged stealing of LIDAR technology by Levandowski. He’s staying at Uber, and will continue in various other responsibilities there, but will no longer be involved in the area of technology which is at the heart of the case, which means that group will have a new lead from among the group of employees Uber poached from Carnegie Mellon some years ago. That’s interesting, because there’s been some conflict between Levandowski’s group and the CM group at Uber in the past. This week, Levandowski also failed in his bid to use the 5th amendment to protect himself and Uber during the lawsuit, which should make the case both more interesting and potentially more damaging for him. Uber has tried to distance itself from the issues at the core of the lawsuit, suggesting that the alleged actions would have been taken Levandowski operating as an individual employee rather than on behalf of the company, but that argument is getting harder to make. Removing Levandowski at least limits the perception that he’s still using what he learned at Waymo to help Uber with its own LIDAR technology, something Uber has denied all along. The lawsuit, meanwhile, is getting increasingly nasty, with Uber targeting senior Waymo executives for depositions apparently on the basis of mere spite, because they have nothing to do with the details of the litigation.
via Business Insider
We finally have a fleshed-out response from Uber to the Waymo lawsuit over stealing of LIDAR technology, and it doesn’t do much more than muddy the water over this issue. The biggest sticking point here is that Anthony Levandowski, who is alleged to have stolen files from Waymo before he left and used these to develop LIDAR technology at Otto and then Uber, refuses to cooperate with the investigation, and Uber refuses to compel him as an employee to cough up the files. Uber also argues that its LIDAR design is different in key respects from Waymo’s and therefore that it clearly hasn’t been copied from it. The judge seems to be highly skeptical of Uber’s claimed inability to do anything with regard to the Levandowski files, and seems minded to grant at least a temporary injunction against Uber’s LIDAR technology. Uber’s claims that such an injunction would significantly harm its business seem like nonsense – this technology has nothing to do with its core business today and is merely being tested in a few cities. A longer-term injunction would obviously be more damaging because it would stop Uber from advancing the technology, but in and of itself that’s not a valid argument against such an injunction should the judge determine that the design was copied. Lots more to come on this, no doubt.
via Business Insider
This article is based on a study by a company called Navigant Research, and it seems to be an evaluating of companies’ strategic assets rather than any actual capabilities today, so it’s worth noting that context for their rankings of companies here. Notably, they rank traditional carmakers in the first six spots, with Waymo apparently the first non-traditional / tech company in the rankings. That’s notable, because all the numbers suggest Waymo is out in front in testing of autonomous driving technology in California by a long way, and although we don’t have equivalent data for Michigan, where Ford does much of its testing, I’d be surprised if it had done many more miles. So this is mostly an evaluation of the benefits the big automakers derive from their existing massive scale and capabilities in building vehicles and bringing them to market, something none of the pure tech companies has (Tesla, of course, has some small-scale manufacturing capability and is looking to ramp fast, but comes in 12th in the rankings nonetheless). This jives with my perception that, even as these tech companies do increasingly well in developing their own technology, they’re very unlikely in most cases to build the cars, and as such the traditional car companies are still in a position of strength and potential leadership when it comes to actually building and deploying the technology.
via USA Today
This feels like something of a slime ball move on Uber’s part on two fronts: firstly, trying to move the court case with Waymo out of open court and behind closed doors; and secondly, essentially trying to push the case off its back and onto Levandowski’s. I had said previously that the course was going to be fascinating for the details it would provide about how Uber developed technologies and how it would defend against what look like fairly solid allegations, but if it gets its wish here we won’t get to see any of that. But I think it’s the attempt to make this a case about an employee rather than the company that seems particularly sleazy – if the allegations are indeed true, then Uber and not Levandowski benefited the most, and making this seem like a dispute between an employee and former employer feels like a total misrepresentation.
via USA Today
California DMV: Humans soon no longer required in self-driving cars – San Francisco Chronicle (Mar 10, 2017)
Michigan’s autonomous driving laws already allow testing of cars without drivers, and given that these two states are home to much of the testing going on, California clearly feels it needs to keep up. Those Michigan laws assume that carmakers are going to comply with all applicable regulations, and therefore require that any testing is done by or in partnership with those carmakers, while the proposed California law has no such restrictions (logical given the biggest local testers are tech companies and now legacy automakers). In both cases, the states are deferring somewhat to the National Highway Traffic Safety Administration to set the overall rules and to some extent approve cars for autonomous driving without a driver. This Chronicle piece quotes a spokesperson from Consumer Watchdog, which has been particularly harsh (perhaps deservedly so) on Uber/Otto, but also seems to be one of the main organizations demanding tougher regulation of autonomous driving in general in California. What’s interesting is that there are so few voices on the other side of this rapid push towards autonomous driving.
Alphabet’s Waymo filed an injunction against Uber for allegedly stealing intellectual property – Recode (Mar 10, 2017)
The fact that Waymo is suing Uber isn’t new, but this new step of filing for an injunction is, and that’s important because it could speed things up considerably. Judging the case in full could have taken months if not years, but a request for an injunction will involve convincing a judge in a much shorter space of time that there’s enough merit to the case for him or her to intervene in the near term. So we’ll know rather sooner how solid Waymo’s case here is, and will likely also get additional details from both sides about exactly what’s been going on. Importantly, we’ll get more from Uber than its brief initial statement about the accusations being baseless, which will be intriguing because from where I sit the forensic evidence looks fairly compelling. As I’ve said before, though, the toughest aspect of this for Waymo and its lawyers is proving that Levandowski actually used the files he downloaded rather than simply his memories of work he’d previously done.
California and Michigan have to be the two states where the most testing of autonomous vehicle technology is being done, with the former home to most of the tech companies in the space and the latter the home of several legacy automakers. The FT is here citing data from the California DMV, which you can see in its raw form here. What’s fascinating is the mix of companies here, as I’ve said before – there are several traditional carmakers (VW, Mercedes, Nissan, BMW, Honda, Ford, and Subaru), several big names from the tech world (Waymo, Tesla, Uber, Baidu, Faraday Future, and Cruise [now part of GM]), and a variety of other smaller companies. But Waymo has by far the largest number of cars and miles driven (and most accidents). But the California DMV is certainly the source of some of the most interesting data on self-driving testing anywhere in the world right now.
via Financial Times