At the same time, Uber also said in its latest court filing Levandowski was holding onto these files as leverage to obtain a bonus Alphabet had been slow to pay out.
Alphabet says there was a conspiracy and that Levandowski downloaded files from Waymo in some cases on the same day he met with Uber executives. “Mr. Levandowski was illicitly downloading Waymo’s trade secrets for use at Uber,” reads the latest filing.
The Google parent company claims that on Dec. 11, 2015, Levandowski met with Uber executives and then after the meeting downloaded 14,000 files from Waymo’s servers. On Jan. 4, 2016, Levandowski met with Uber’s then-CEO Travis Kalanick and downloaded some additional Waymo files to a personal device, the filing says.
The filing doesn’t say whether he would have downloaded the files before or after the meeting with Kalanick in the second situation.
Alphabet also alleges Uber’s attempts to keep files out of court based on claims of privilege is actually part of an effort at “cloaking unfavorable facts with privilege” while revealing other pieces of information Uber thinks will be favorable.
Here is Alphabet’s full statement:
“The evidence clearly shows that stolen information has already made its way into Uber’s technology. We’re not convinced by Uber’s attempts to distance itself from a former star engineer it paid $250m to come to Uber while knowing he possessed Waymo’s proprietary information. Rather than do the right thing, Uber took part in a coverup, only firing Mr Levandowski after their actions were exposed in litigation.”
Here is Uber’s full response:
“This is the best indication yet that Waymo overpromised and can’t deliver. Uber took precautions to ensure that no former Google employees, including Levandowski, brought Google IP with them to Uber—and it worked. After searching through terabytes of data, deposing numerous employees and spending 55 hours with free reign to inspect our facilities, Waymo has turned up exactly zero evidence that any of the 14,000 files came to Uber. In recent days, Waymo has blamed a law firm, a third party forensics vendor, and now that it is becoming more and more clear that this downloading had nothing to do with Uber, they resort to peddling a ‘cover-up’ theory that was explicitly rejected by the Court as recently as last week.”