Beyond the downloads, Uber said it should be allowed to argue that Waymo brought the lawsuit in bad faith to slow down a competitor. As evidence, Uber wants to tell jurors that Drummond failed to fully disclose Waymo's self-driving car plans while he served on Uber's board.

Uber announced that it will start self-driving trials in Pittsburgh later this month, but it was beat to the punch by a much less well-known company. Starting today, nuTonomy will offer rides to Singapore residents in specially equipped Mitsubishi i-MiEV or Renault Zoe electric vehicles. As with Uber, passengers won't be alone with a robotic driver like Silicon Valley's hapless Jared. A nuTonomy engineer will be along to monitor the vehicle, and a safety driver will "assume control if needed to ensure passenger comfort and safety," the company wrote. The rides will be free to start with, and the company will stick to an area called "One-North" for the tests.