Here’s the due diligence report Alphabet wants to use in its lawsuit against Uber

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A report Alphabet wants to use in its lawsuit against Uber was made public today. The document in question details the assets and liabilities of a startup Uber acquired in August 2016 that has become a central part of Alphabet’s claims that Uber stole proprietary information.

Uber commissioned the due diligence report when it was in the process of acquiring Otto, a self-driving trucking startup founded by Anthony Levandowki, a former Alphabet executive who was accused of stealing trade secrets.

Alphabet, which is suing Uber for allegedly misappropriating self-driving trade secrets, claims that the document provided a “mountain” of new evidence that they needed more time to pursue, which is why Alphabet had asked to delay the trial. The judge, William Alsup, is expected to determine whether to grant the company more time tomorrow.

“Even beyond the trade secrets Waymo listed at the outset of this case, the new evidence indicates that there is other proprietary information, contained in the new documents, that made its way to Defendants,” Alphabet wrote in a new filing. “The investigation of this material has only just begun, and Waymo is entitled to the time and full discovery necessary to confirm exactly what proprietary information Defendants gained from Levandowski and Ottomotto.”

The ride-hail company and its former self-driving head Anthony Levandowski fought the production of this document, claiming that it was privileged information. However, the judge quashed that argument and ruled Uber had to provide the document to Alphabet. This decision was appealed by Levandowski but Alsup’s decision was ultimately upheld and a judge decided that Alphabet would receive the document on September 13.

“Since filing this case, Waymo has found significant and direct evidence that Uber is using stolen Waymo trade secrets in its technology,” an Alphabet spokesperson said at the time. “We are still reviewing materials received late in the discovery process and we look forward to reviewing the Stroz Report and related materials.”

In addition to assessing the assets of Levandowski’s startup Otto, the due diligence report looked into any liabilities Uber was taking on specifically referencing “pre-signing bad acts.” Levandowski and his co-founder Lior Ron would not agree to sell their company to Uber unless they were protected against any potential future lawsuits, including those that occurred as a result of any “pre-signing bad acts.”

This is developing, please check back for more updates.

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