Without knowing the law, it seems like Uber could construct a viable legal defence around admitting that they inappropriately got access to these files, while simultaneously arguing that they should not face an injunction blocking work on self-driving technology, because the current technology they're developing differs significantly enough from the proprietary tech Google is trying to claim ownership over.
But it's kinda telling that they are _not_ doing that, isn't it? Just shows how badly Uber screwed up and how Waymo's evidence of theft cannot be so easily dismissed.