Alphabet lawsuit against Uber ends uneasy marriage

A row of Google "Waymo" self-driving Lexus cars outside the Computer History Museum in Mountain View, California. File photo: Eric Risberg / AP

A row of Google "Waymo" self-driving Lexus cars outside the Computer History Museum in Mountain View, California. File photo: Eric Risberg / AP

Published Mar 6, 2017

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San Francisco - When Uber Technologies was raising venture capital in 2013, it was one of

the hottest deals around – and no one was more eager to write a

check than Bill Maris and David Krane of Google's venture

capital arm.

Not everyone at Google Ventures, since renamed GV, agreed.

The firm already had an investment in a competitor, Sidecar, and

Uber was demanding what then looked like a sky-high valuation.

Maris and Krane prevailed, and the deal is now regarded as

GV’s greatest success. On paper, the firm's initial 2013

investment of $258 million gained about 14 times its value over

the next three years to more than $3.5 billion.

But now Alphabet Inc, Google's corporate parent,

is suing Uber for theft of trade secrets, alleging that one of

the top engineers in its self-driving car program decamped with

thousands of confidential files, including designs that helped

him start self-driving truck company Otto and then quickly sell

it to Uber. Uber denies those claims.

The lawsuit, filed by Alphabet’s self-driving car unit

Waymo, has jolted the fast-growing and highly competitive

industry that has sprung up around autonomous vehicles and ride

services, which are seen as the future of private road

transport.

Yet the confrontation was a long time in the making: the

complex relationship between the companies was tense from the

start, according to people familiar with the situation, and

soured further as they increasingly competed with each other.

Now, if the Waymo suit damages Uber, GV's investment in the

ride-hailing company stands to go down as a Silicon Valley

rarity: a large funding deal undermined by the firm's own

investors.

“Whatever Waymo gains, Google Ventures loses,” said Stephen

Diamond, associate professor of law at Santa Clara University.

The lawsuit is just one in a series of recent public

setbacks for Uber, including allegations of sexual harassment

that prompted an internal investigation, a video of Chief

Executive Travis Kalanick arguing with an Uber driver that led

him to make a public apology, and Uber's admission on Friday

that it used a secret tracking tool to avoid authorities.

“We have reviewed Waymo's claims and determined them to be a

baseless attempt to slow down a competitor and we look forward

to vigorously defending against them in court," Uber said in a

statement in response to the lawsuit. "In the meantime, we will

continue our hard work to bring self-driving benefits to the

world.”

A spokeswoman for GV declined to comment.

At any cost

Uber was more than just another investment for

then-fledgling Google Ventures, which needed a high-profile deal

to put it on the map.

Maris and Krane were early Uber fans, but it took about two

years for the pair to connect with Kalanick. When Uber investor

Benchmark finally brokered a meeting in May 2013, the Google

Ventures partners were determined to do a deal at virtually any

cost, according to two sources close to the transaction.

With other would-be investors waiting in adjacent conference

rooms at Uber’s San Francisco offices, Maris and Krane made

their pitch to invest. Kalanick pushed for a higher valuation,

without a board seat; Google Ventures pushed back, asking for a

board observer seat and a liquidation preference for protection

if Uber was sold at a loss, one of the sources said.

They finally came to terms, with a $3.5 billion valuation,

and there were signs that a broader alliance could be in the

offing. Separately, David Drummond, Google's senior vice

president of corporate development, had a social relationship

with Kalanick, and he joined the board.

A ride in a self-driving car and a meeting with Google CEO

Larry Page, recounted in Brad Stone's recent book "The

Upstarts," seemed to bode well for the relationship.

But conflicts emerged immediately. Kalanick, a tough

negotiator, wanted a discount on the software tools behind

Google Maps, the company's ubiquitous mapping software,

according to a person close to the transaction. The best Google

Ventures could offer was close contact between Uber and Google’s

mapping team, the person said.

Kalanick also wanted Uber to be featured prominently in

Google Maps, eventually giving customers a way to hail an Uber

ride directly from Maps, and Google agreed, a source close to

Uber said. But Uber felt Google dragged its heels on the

integration and found the initial rollout disappointing, the

source said.

Read also:  'I must fundamentally change and grow up'- Uber CEO

The friction only grew as Uber turned its attention to

autonomous driving, an area where Google had already established

an early lead. Uber announced its intentions in typically abrupt

style in early 2015, poaching 40 faculty and researchers from

Carnegie Mellon University to set up a self-driving lab in

Pennsylvania.

It bought mapping software firm deCarta and began investing

heavily in its own mapping systems. Meanwhile, Google launched

an on-demand delivery service, a market Uber is also chasing,

and began offering a carpooling service through driving app

Waze, which it acquired in 2013. The carpooling feature in

particular rankled Uber, a source close to the company said.

"Things escalated from frenemy to now enemy quite quickly,"

said Anand Sanwal, CEO and co-founder of venture capital

research firm CB Insights.

The tension bubbled to the surface last August, when

Drummond stepped down from Uber’s board.

Uber declined comment on any of its dealings with Google and

did not make Kalanick available for an interview.

Undermined

Uber’s aggressive culture was the subject of many

conversations at Google Ventures, a source close to the

transaction said. Hoping to influence the startup, the venture

firm at first encouraged a flow of talent from Google to Uber.

Yet that too ultimately created problems. Anthony

Levandowski, a key engineering manager at the self-driving car

unit, now called Waymo, began to talk openly about leaving the

company as the autonomous vehicle field blossomed, according to

Alphabet's lawsuit.

In January 2016, Levandowski and some colleagues quit

Alphabet to form the self-driving truck start-up Otto, which

Uber acquired later that year for $680 million. Alphabet claims

in its lawsuit that Levandowski had been in touch with Uber even

before he left Alphabet.

In the lawsuit, Alphabet alleges Levandowski downloaded

14,000 proprietary design documents and used them to create

Otto's - and later Uber's - version of a key autonomous vehicle

technology called Lidar, which uses light pulses reflected off

objects to gauge their position.

Uber and Levandowski deny the allegations.

Read also:  Uber relies on stolen tech

The high-stakes legal showdown over whether vital

information was transferred between the two companies is perhaps

the logical conclusion of their opaque relationship.

All along, Uber remained mysterious to its Google Ventures

investors. Kalanick was adamant from the start that he would

share little information, and try as it might, Google Ventures

could not gain better visibility over time, two sources said. If

anything, Kalanick grew more tight-lipped as his business

matured.

“It was one of the few companies where we sat there and

said, 'Hope it goes well,'" one of the sources said.

REUTERS

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