Rescheduled to begin next week, the trial has again been postponed after information and other bombshell allegations that Uber withheld have surfaced. "If even half of what is in that letter is true, it would be an injustice for Waymo to go to trial".
Last night, before the final pretrial meeting today, Waymo requested that the upcoming trade secrets case set to begin on Monday be delayed.
Both the US Attorney's letter and Jacobs written testimony, as well as related filings from Uber and Alphabet-owned Waymo - which claims its trade secrets were stolen by Uber - have been heavily redacted [PDF] to the point where it is impossible to divine any details.
"I can no longer trust the words of the lawyers for Uber in this case", Alsup said.
The Marketplace Analytics team was instructed to use encrypted, ephemeral communication on devices that couldn't be attributed to the company, Jacobs said, in order to "make sure we didn't create a paper trail that would come back to haunt the company in any potential criminal or civil litigation".
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However, he did say that Uber acquired private code from an overseas competitor, and that Uber tried to identify employees at competitive companies who might leak to them. He said he did not fully review the letter before his attorneys sent it, and that it may contain inaccuracies. That evidence, a heavily redacted letter from lawyers for Uber's former manager of global intelligence, Richard Jacobs, took front and center during Tuesday's hearing.
Judge Alsup has already ordered the trial be delayed following the revelations, and he informed Uber's lawyers he would already be seeking additional information including unredacted versions of correspondence with Jacobs and a list of everyone at Uber that was using its Wickr installation.
Most recently, Uber revealed that the data of 57 million Uber customers and 600,000 drivers had been stolen in a breach more than a year ago, and that the company had paid two hackers $100,000 to cover it up.
"We're going to have to put the trial off", Alsup said.
"You're just making the impression that this is a total cover-up", he told Uber at the hearing. "Your client is in a bad way now".