No “Smoking Gun” Yet in Waymo’s Tech Theft Lawsuit

Autonomous car-developer Waymo has shown that former executive Anthony Levandowski downloaded about 14,000 documents about the company’s technology before he quit, according to a federal court in San Francisco.

But U.S. District Court Judge William Alsup says Waymo (the new name for Google’s self-driving car group) hasn’t yet produced a “smoking gun” to confirm its assertion that the data has been used by Levandowski’s current employer, Uber Technologies Inc.

Uber and Waymo are fierce rivals in a bid to grab early leadership in the emerging market for autonomous driving systems.

Waymo contends that Uber documents about its purchase of Levandowski’s startup, Otto, could confirm its claim of wrongdoing. Alsup agreed during yesterday’s hearing, describing the information as a “treasure trove” that could resolve the case. But the judge hasn’t decided whether Uber has a right to shield the information.

Meanwhile, Levandowski refuses to testify, asserting his Fifth Amendment right against self-incrimination in the event he is charged separately with stealing Waymo trade secrets.

Alsup says he is pondering whether to refer Waymo’s case to arbitration, a process that would shield trade secrets by both companies from being publicly disclosed.