Uber says its self-driving technology differ from Waymo’s

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“The record shows that Uber never possessed – and never used – any information Mr. Levandowski allegedly took from Waymo,” Uber wrote in its filing.

Levandowski, the central witness in the case, has sought his Fifth Amendment right against self-incrimination and will not testify, over concerns about the possibility of a criminal case being filed.

Levandowski has not handed over the allegedly stolen documents and Uber, which has never denied that Levandowski took the files, claims it cannot force him to do so.

U.S. District Judge William Alsup in San Francisco has ordered Uber to do a more thorough search of its computer systems to see if the documents are in its possession. “You haven’t searched well enough,” he told Uber’s lawyer at a hearing on Wednesday.

Alsup has also suggested that Uber had leverage over Levandowski it had not used, such as threatening to fire him should he not hand over the documents.

“If you cannot find them in your files there is going to be a preliminary injunction. You’re not denying it, no one is denying he has the 14,000 files,” Alsup said. “You keep on your payroll someone who took 14,000 documents and is liable to use them.”