Software giant Microsoft has filed suit against search giant Google over the alleged poaching of Microsoft top executive Kai-fu Lee to head up a Google research lab in China.
Lee was in charge of Microsoft’s MSN search technology before accepting the position to oversee Google’s Chinese lab. Microsoft responded quickly by filing suit, claiming Lee’s violation of a non-compete clause in his 2000 employee contract and accusing Google, considered by Microsoft to be a irect competitor, of intentionally luring him away.
“Accepting such a position with a direct Microsoft competitor like Google violates the narrow non-competition promise Lee made when he was hired as an executive,” Microsoft says in its lawsuit. “Google is fully aware of Lee’s promises to Microsoft, but has chosen to ignore them, and has encouraged Lee to violate them.”
Microsoft lawyer Tom Burt said Lee announced his acceptance of the position at Google on Monday and gave no indication of plans to honor an agreement not to work for a direct competitor for one year.
Goole says Microsoft doesn’t have a case.
“We have reviewed Microsoft’s claims and they are completely without merit. Google is focused on building the best place in the world for great innovators to work. We’re thrilled to have Dr. Lee on board at Google. We will defend vigorously against these meritless claims.”
The research and development center in China that Lee was hired to run is scheduled to open in the fall of this year.
Microsoft is asking for a court order forcing Google and Lee to honor the non-compete and confidentiality agreements signed Lee while under Microsoft’s employ.
Microsoft also seeks an injunction to force the return of any documents, files, or reports Lee may have in his possession and to forbid him from destroying any documents referring to his relationship with Google.
“What makes this a particularly egregious violation,” Burt said, “is that he’s been hired to work in a position that’s absolutely in direct competition with the work he was doing at Microsoft.”