In what is likely to be a lengthy legal battle between Microsoft Corp. and Google Inc., the Redmond, Wash.-based software giant scored the first victory when Judge Steven Gonzalez from King County Superior Court in Washington state granted Thursday Microsoft’s request for a temporary restraining order against Google hiring former Microsoft senior executive Dr. Kai-Fu Lee.

This order comes just a few weeks after Microsoft filed to request this action.

According to the court order, the judge said the court is “satisfied that [Microsoft] has established a clear legal or equitable right…and that the equities dictate that a temporary restraining order should be entered.”

Pending a hearing scheduled for September 6, the judge ordered that Lee and Google are temporarily restrained in a number of ways.

First, according to the court document, Lee is instructed not to accept employment “competitive with or engaging in any activities competitive with any product, service or project (including actual or demonstrably anticipated research or development) on which he worked while employed at Microsoft, including computer search technologies, such as internet search engines, desktop search technologies and any other search technologies, natural language processing or speech technologies, or business strategies, planning, or development with respect to the Chinese market for computer search technologies.”

Second, Google is enjoined from employing Lee for or otherwise engaging him in the same areas as above.

Third, Lee and Google have been enjoined from disclosing or misappropriating for their own use or benefit, any trade secrets or other confidential or proprietary information of Microsoft obtained in connection with Lee’s work for Microsoft.

In addition, Lee is enjoined from “soliciting, encouraging, or attempting to induce employees of Microsoft or its subsidiaries to terminate their employment to work for any other entity, including Google.”

Lee and Google were ordered to return to Microsoft within 24 hours all property, documents, files, reports, or other materials, that Lee and Google have in their possession that were obtained from Microsoft in connection with Lee’s work for Microsoft.

All parties were enjoined from destroying any documents or files of any kind, whether in written or electronic form, that relate in any way to Microsoft and Google’s employment of Lee.

Microsoft was also ordered to post $1 million security by August 2 for the payment of Lee and Google’s costs and damages that may be incurred in the event they are found to be wrongfully enjoined or restrained.

The hearing on September 6 is to determine why a preliminary injunction should not be issued.

Google did not return calls for comment.

By: DocMemory
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