In a likely effort to remove local bias in favor of Google, Microsoft is attempting to shift Google's countersuit in the Kai-Fu Lee case from a California court to federal court.
A July 29 court filing by Microsoft technically means the case has moved to federal court. But Google can still ask a federal judge to let the case surrounding the ex-Microsoft executive proceed in state court, according to a legal expert.
Late last month, Microsoft filed to switch to federal court Google's request that a California judge invalidate Microsoft's noncompete agreement with Lee, who was hired by Google to head its China operations. In its filing with the U.S. District Court for the Northern District of California, Microsoft argued that the dispute qualifies as a federal case in part because the two companies are based in different states.
Microsoft may be seeking to reduce the possibility that pro-Google sentiment in Santa Clara County would influence the state court, said another attorney who's followed the case. Federal judges are not elected, and potential jurors for the federal court located in San Jose, Calif., would hail from a wider geography, he said. Google is based in Mountain View, Calif., a city in Santa Clara County.
Neither Microsoft nor Google immediately responded to requests for comment. (Google representatives have instituted a policy of not talking with CNET News.com reporters until July 2006 in response to privacy issues raised by a previous story.)
The change in court venue adds another twist to a bitter and legally complex dispute between two of the tech world's biggest players.
After Google announced Lee would lead its Chinese operations last month, Microsoft sued both of them in a Washington state court. Microsoft claimed Lee was violating a noncompete clause of his employment agreement in accepting his new job.
A Washington judge has ruled that until at least September, Lee cannot perform work at Google that competes with what he did at Microsoft--including planning for the Chinese search market.
With its California request, Google appeared to be trying to take advantage of a state rule that frowns on noncompete contract clauses.
Microsoft plays dirty in or out of court, whats new
at least one company has big enough "stones" to take on the sorry Microsuckers in Redmond WA, the last hope Bill Gates has is to use the courts to try to keep Winblows off the slippery slope of irrelevance. Of course they have no interest in bagging the "old code" and building a real OS from scratch, with features they invented, rather than ripped off ideas they keep bolting onto a bloated kernal, with 22,000 developers giving their ideas of what, great, secure code is. Or rather isn't. It will serve Billy boy well to stay up at night and study google and Apple for ideas, and learn how to copy them better without resorting to lame legal attempts to hamstring the courts, like he and Ballmer have hamstrung corporate and personal computer users for the last 20 years. Just like cigarettes and alcohol, both have warning stickers to attempt to help the poor souls who buy them, like MSFT junk, their OS should come with a danger symbol on it. But I digress. Heres to google smacking MS up side the head.
Microsoft plays dirty in or out of court, whats new
at least one company has big enough "stones" to take on the sorry Microsuckers in Redmond WA, the last hope Bill Gates has is to use the courts to try to keep Winblows off the slippery slope of irrelevance. Of course they have no interest in bagging the "old code" and building a real OS from scratch, with features they invented, rather than ripped off ideas they keep bolting onto a bloated kernal, with 22,000 developers giving their ideas of what, great, secure code is. Or rather isn't. It will serve Billy boy well to stay up at night and study google and Apple for ideas, and learn how to copy them better without resorting to lame legal attempts to hamstring the courts, like he and Ballmer have hamstrung corporate and personal computer users for the last 20 years. Just like cigarettes and alcohol, both have warning stickers to attempt to help the poor souls who buy them, like MSFT junk, their OS should come with a danger symbol on it. But I digress. Heres to google smacking MS up side the head.
It is filed by the defense in 99% of all civil cases for various reasons, including the fact that federal judgments are generally much lower than state judgments.
It is filed by the defense in 99% of all civil cases for various reasons, including the fact that federal judgments are generally much lower than state judgments.
Chamtech's spray-on antenna uses a nano material to provide a low-power boost to antenna range. The wireless-in-a-can product may some day bring an end to unsightly cell towers.
Whether Apple will release a new iPad next month doesn't seem to be the question as much as what day it will happen. A new rumor has it down to the day.
Tommy Jordan, the man who shot his daughter's laptop for YouTube, gets a visit from police and child protection services. Oh, and Good Morning America.
Along with green-lighting Google's buy of Motorola, the Justice Department today OKs an Apple-Microsoft-RIM partnership deal to buy Nortel patents, and Apple's plan to acquire Novell patents.
EnerG2 opens a plant to make an engineered carbon that will improve performance of energy storage devices and make storage for start-stop hybrid cars less expensive.
"Never Stop Playing" campaign for upcoming portable marks Sony's largest platform launch marketing spend, with ads to reach YouTube, Facebook, TV, and billboards in major cities.
As UC Berkeley students, the co-founders of "Back to the Roots" discovered they could grow mushrooms using recycled coffee grounds. Now their mushroom kit sells at grocery stores across the country.
sorry Microsuckers in Redmond WA, the last hope Bill Gates has
is to use the courts to try to keep Winblows off the slippery
slope of irrelevance. Of course they have no interest in bagging
the "old code" and building a real OS from scratch, with features
they invented, rather than ripped off ideas they keep bolting
onto a bloated kernal, with 22,000 developers giving their ideas
of what, great, secure code is. Or rather isn't. It will serve Billy
boy well to stay up at night and study google and Apple for
ideas, and learn how to copy them better without resorting to
lame legal attempts to hamstring the courts, like he and Ballmer
have hamstrung corporate and personal computer users for the
last 20 years. Just like cigarettes and alcohol, both have warning
stickers to attempt to help the poor souls who buy them, like
MSFT junk, their OS should come with a danger symbol on it. But
I digress. Heres to google smacking MS up side the head.
sorry Microsuckers in Redmond WA, the last hope Bill Gates has
is to use the courts to try to keep Winblows off the slippery
slope of irrelevance. Of course they have no interest in bagging
the "old code" and building a real OS from scratch, with features
they invented, rather than ripped off ideas they keep bolting
onto a bloated kernal, with 22,000 developers giving their ideas
of what, great, secure code is. Or rather isn't. It will serve Billy
boy well to stay up at night and study google and Apple for
ideas, and learn how to copy them better without resorting to
lame legal attempts to hamstring the courts, like he and Ballmer
have hamstrung corporate and personal computer users for the
last 20 years. Just like cigarettes and alcohol, both have warning
stickers to attempt to help the poor souls who buy them, like
MSFT junk, their OS should come with a danger symbol on it. But
I digress. Heres to google smacking MS up side the head.
including the fact that federal judgments are generally much lower
than state judgments.
This is what Microsoft is trying to avoid.
Non Competes are so much fun, and vary from state to state. You need a lawyer to talk about all the complexities.
including the fact that federal judgments are generally much lower
than state judgments.
This is what Microsoft is trying to avoid.
Non Competes are so much fun, and vary from state to state. You need a lawyer to talk about all the complexities.
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