Russ Emerson in Skilled in the Art: Waymo and Uber Settlement

02/14/2018 quoted Haynes and Boone, LLP Partner Russ Emerson in its “Skilled in the Art,” column, a popular briefing on intellectual property news by Scott Graham. Emerson discussed the high-profile patent and trade secrets dispute between Waymo and Uber Technologies.

Hard to believe it’s less than a year since Waymo filed its patent and trade secrets complaint against Uber Technologies, Graham wrote. Now, after what seemed like five years of litigation crammed into one, the case is over. The parties shocked the IP world by announcing a settlement on the fifth day of trial.

Haynes and Boone partner Russ Emerson is one of many disappointed IP lawyers who'd been following the case from afar. "I wanted to see who was going to win," he jokes. 

Emerson's take from reading reports on the trial is that while Waymo had a juicy story to tell about the interactions between Uber CEO Travis Kalanick and former Waymo manager Anthony Levandowski, Waymo was having trouble "connecting the dots" to its trade secrets and how they were used. Plus, Waymo's damages case was going to be challenging after its expert got Dauberted. "It's hard to put on a damages case without a damages expert," he said.

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