Waymo LLC v. Uber Technologies, Inc., No. 17-2235 (Fed. Cir. 2017)Annotate this Case
Waymo sued Uber and Ottomotto for patent infringement and violations of trade secret laws, claiming that its former employee, Levandowski, improperly downloaded documents related to Waymo’s driverless vehicle technology, then left Waymo to found Ottomotto, which Uber subsequently acquired. Before that acquisition closed, counsel for Ottomotto and Uber retained Stroz to investigate Ottomotto employees previously employed by Waymo, including Levandowski. During discovery, Waymo successfully moved to compel the defendants to produce the Stroz Report. Waymo also subpoenaed Stroz to obtain the Report plus the communications, documents, and devices provided to Stroz. Levandowski, Ottomotto, and Uber unsuccessfully moved to quash the subpoena, arguing that the Report was subject to attorney-client privilege or work-product protection. The Federal Circuit denied Levandowski’s petition for mandamus relief. Levandowski failed to articulate any persuasive reasons why disclosure of the Report should be barred; the possibility of admissions against his interest is a valid function of civil discovery. The court rejected Levandowski’s “unsupported assertions” that the district court would be unable to “cleanse the trial of all taint from the improper disclosure,” noting that the court had examined the Report in camera and declined to exclude it. The district court properly determined that the common interest doctrine did not apply, found that Levandowski waived work-product protection, and rejected Levandowski’s claim of Fifth Amendment privilege.