Yeah, it makes Uber look kind of incompetent, like they didn't do their research (Google too). If he was hired by Uber to do the research, only Google would look incompetent.
Strategically, isn't it better for Uber to let Waymo yap on and on about it and then crush them during the trial than to ask the patent office for a review and let Waymo drop the issue before the trial even starts?
I mean... if I knew something embarrassing that opposing council didn't know, and I had no obligation to inform them, I would definitely see that knowledge as a weapon and a strategic tool. Letting Waymo drop it without embarrassment is a bit of a win for Waymo, IMO.
>Strategically, isn't it better for Uber to let Waymo yap on and on about it and then crush them during the trial than to ask the patent office for a review and let Waymo drop the issue before the trial even starts?
Uber would have to inform Waymo of their invalidity theory way before trial. You can't spring new prior art right before trial.