After years of speculation and anticipation, self-driving cars can now be spotted on the roads in many American cities. One of the pioneers in the space, Waymo, operates its robotaxi service in cities like Phoenix and San Francisco, and is piloting its service in Washington, D.C.
Self-driving cars pose novel and interesting questions for litigators – who is at fault when a self-driving car causes an accident, if there is no driver? As with any novel technology, some disputes will be resolved in court. Docket Alarm analysis can reveal some of the challenges facing the company, as well as the lawsuits it has filed.
According to Docket Alarm, Waymo most frequently appears as a plaintiff, particularly in intellectual property litigation. A significant portion of their cases involve trademark disputes before the Trademark Trial and Appeal Board (TTAB), often opposing registrations of marks deemed confusingly similar to “WAYMO.” Examples include Waymo LLC v. Wheelsys LTD Waymo LLC v. Ansible Labs, Inc, and Waymo LLC v. Viracle Co., Limited.
Waymo also appears occasionally in other matters such as employment disputes,
Expectedly, Waymo appears as a defendant in personal injury cases related to their autonomous vehicle operations. These filings are in state court, where true comparative analysis of case volume is hampered by the lack of nationwide availability of state court filings.
Much like with similarly innovative companies in the rideshare space like Uber, and micromobility companies like Lime, we can expect to see growing personal injury claims in state courts as more autonomous vehicles hit the roads. How these cases will resolve has yet to be determined.
Waymo works with several prominent law firms. Perkins Coie appears frequently in trademark matters before the TTAB. Quinn Emanuel Urquhart & Sullivan represented Waymo in the high-profile Waymo v. Uber litigation. Littler Mendelson and Fennemore Craig have represented Waymo in employment disputes.
Waymo’s litigation activity reflects its position as a leading player in the rapidly evolving autonomous vehicle industry. As a tech company, it protects its intellectual property. As a transportation company, the nature of the automobile means it will face personal injury claims.
