Waymo Must Show “Actual Use” In Trial Against Uber

U.S. District Judge William Alsup in the Northern District of California recently issued revised jury instructions in advance of the February trial between Waymo and Uber regarding trade secret misappropriation—specifically, the use of Waymo’s self-driving car technology. The proposed jury instructions require Waymo to prove actual use of the trade secrets, as opposed to merely proving that Uber had acquired the trade secrets. Judge Alsup’s order, which goes against Waymo’s argument in November that acquisition is sufficient, suggests that the instructions should explicitly state that the claims are based on improper use of the trade secrets and that “acquisition alone will not be enough to recover damages.” The parties must file objections or modifications by January 29th.

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