Currently, more than 40 ex-Google employees are working in Uber's Self-driving vehicle unit and Uber has selected 7 employees excluding those 3 employees mentioned in the complaint lodged by Waymo to investigate their systems and database to check for those stolen 14,000 files by Levandowski.
Waymo alleges a former manager, Anthony Levandowski, stole its patented ideas before leaving Google early last year to found a self-driving auto startup called Otto that Uber bought for $680 million last year.
The court war is among two technology giant companies, Waymo and Uber relating to the self-driven vehicle technology.
US District Judge William Alsup has said, however, that he will not accept Uber's defence of being unable to find the files as a reason not to grant the injunction.
In August 2016, Otto was bought by Uber over an undisclosed amount and that's when Waymo, a company extracted from Google accused the ride-hailing company of stealing their technology.
"Right now the record available to the court under oath is pretty convincing that Mr. Levandowski downloaded 14,000 documents, wiped his computer clean, transferred those documents to a thumb drive and took that thumb drive with him when he went to start a new company".
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"Waymo could not be more wrong, and Uber's design could not be more different", Uber's lawyers wrote in their rebuttal to the allegations. "Anthony Levandowski is not a defendant in this case". In its defense, Uber said it began its lidar development in 2015, before Levandowski joined, and with staff that didn't come from Waymo. Alphabet's opposition suggested Uber is seeking to delay proceedings, including a hearing on an injunction Alphabet wants against Uber and to prevent public access to proceedings.
Waymo offered a different take on Tyto's origins in a court filing this week: It said Levandowski secretly formed Tyto in 2014 while he was working for Waymo.
Waymo also claimed in its original suit that Uber infringed its patents covering the LiDAR technology. "Uber is the defendant in this case, and Uber is responsible for its own misconduct".
"There is no evidence that any of the 14,000 files in question ever touched Uber's servers, and Waymo's assertion that our multi-lens LiDAR is the same as their single-lend LiDAR is clearly false".
The new filing says, "Waymo has not consented to arbitrate this dispute with Uber, and Waymo can not be coerced into arbitration simply because the trade secrets that Uber stole and that Uber is using in Uber's self-driving cars happen to come from former Waymo employees".