Waymo LLC v. Uber Technologies, Inc. et al

Filing 1

COMPLAINT for Violation of Defense of Trade Secret Act; Demand for Jury Trial against Otto Trucking LLC, Ottomotto LLC, Uber Technologies, Inc. (Filing Fee $ 400.00, receipt number 0971-11180330.). Filed by Waymo LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Verhoeven, Charles) (Filed on 2/23/2017) Modified on 2/28/2017 (gbaS, COURT STAFF).

JS-CAND 44 (Rev. 07/16)

CIVIL COVER SHEET

The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 19/4, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Waymo LLC
(b)

Uber Technologies, Inc., Ottomotto LLC, Otto Tracking
LLC
; San Francisco
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
NOTE:
THE TRACT OF LAND INVOLVED.
Attorneys (IfKnown)

County of Residence of First Listed Plaintiff
San Francisco
(EXCEPTIN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Charles K. Verhoeven
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor, San Francisco, 94111
II. BASIS OF JURISDICTION (Place an

m

1

U.S. Government
Plaintiff

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an T in One Boxfor Plaintiff
and One Box for Defendant)
(For Diversity Cases Only)
PTE
DEE
PTE
DEE

“X” in One Box Only)

3 Federal Question
(U.S. Government Not a Party)

H

1

U.S. Government
Defendant

1 Incorporated or Principal Place
of Business In This State

Citizen of Another State

2

2 Incorporated and Principal Place
of Business In Another State

H5 as

Citizen or Subject of a
Foreign Country

2

1

3

3 Foreign Nation

H 6 H6

Citizen of This State

Q 4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
Of Veteran’s Benefits
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
llil 153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

H
H
pi
H
□
l3

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
0310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
■J 440 Other Civil Rights
13 441 Voting
13 442 Employment
lii 443 Housing/
Accommodations
445 Amer. w/DisabihtiesEmployment
446 Amer. w/DisabihtiesOther
448 Education

a
B

m
B
B

V. ORIGIN (Place an “X” in One Box Only)
B 1 Proceeding 13 2 Removed from
State Court
VI. CAUSE OF ACTION

EQRFEITURE/PENALTY

PERSONAL INJURY
1365 Personal InjuryProduct Liability
[367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
13368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
jjjjj 380 Other Personal
Property Damage
13 385 Property Damage
Product Liability

Q625 Drug Related Seizure
ofProperty21USC§881
111690 Other

PROPERTY RIGHTS
^ 820 Copyrights
i 830 Patent
{11840 Trademark

...........................................
LABOR
Q7IO Fair Labor Standards
Act
H'720 Labor/Management
Relations
3740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
PRISONER PETITIONS
Income Security Act
Habeas Corpus:
11463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
1462 Naturalization Application
j465 Other Immigration
540 Mandamus & Other
550 Civil Rights
Actions
555 Prison Condition
560 Civil DetaineeConditions of
Confinement

1 3 Remanded from
Appellate Court

BANKRUPTCY
[||J22 Appeal 28 USC § 158
111423 Withdrawal
28 USC § 157

I

4 Reinstated or
Reopened

SOCIAL SECi
H861 HIA(1395ff)
1 862 Black Lung (923)
1 863 DIWC/DIWW (405(g))
^ 864 SSID Title XVI
13865 RSI (405(g))

EEDERAL TAX SUITS
Q870 Taxes (U.S. Plaintiff
or Defendant)
13871 IRS-Tliird Party
26 USC § 7609

n 5 Transferred from
^ Another District

H
m
||
iil
^
III
11
l|

^
3
Q
D
LJ
lii
lii
13

[3

g 6 Multidistrict
Litigation-Transfer

(specify)

OTHER STATUTES
375 False Claims Act
376 QuiTam(31 USC
^ 3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

m 8 Multidistrict File
Litigation-Direct

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity)'.
35 U.S. Code § 271; 18 U.S. Code § 1836; Cal. Civ. Code § 3426; California Bus. & Prof. Code § 17200

Brief description of cause:
Trade Secret Misappropriation; Patent Infringement; Violation of California Bus. & Prof Code § 17200

VII. REQUESTED IN

jj CHECK IF THIS IS A CLASS ACTION

DATE:

ZoiH

CHECK YES only if demanded in complaint:

DEMAND $

UNDER RULE 23, Fed. R. Civ. P.
COMPLAINT:
VIII. RELATED CASE(S),
IF ANY (See instructions):
JUDGE
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
H SAN FRANCISCO/OAKLAND
(Place an “X” inOne Box Only)

JURY DEMAND;

B Yes B No

DOCKET NUMBER

H SAN JOSH 0 EUREKA-MCKINLEYVILLE

SIGNATURE OF ATTORNEY OF RECO

y/./(rCZ.

1

JS-CAND 44 (rev. 07/16)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44
Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and
service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is
submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment).”
II.

Jurisdiction. The basis ofjurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in
pleadings. Place an “X” in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takes precedence, and box 1 or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC § 1332, where parties are citizens of different states. When Box 4 is checked, the

citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.

Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.
Mark this section for each principal party.

IV.

Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an “X” in one of the six boxes.
(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the

petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing

date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

(5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
§ 1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.

Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC § 553. Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX.

Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.”

Date and Attorney Signature. Date and sign the civil cover sheet.