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In a simmering legal tussle, Google, the Internet
search company, is asking a judge to reject Microsoft's bid to keep
a prized research engineer from taking a job at Google, saying that
Microsoft filed a lawsuit to frighten other workers from defecting.
Microsoft sued the research engineer, Kai-Fu Lee,
and Google last week, asserting that by taking the Google job, Lee
was violating an agreement that he signed in 2000 barring him from
working for a direct competitor in an area that overlapped with
his role at Microsoft.
"This lawsuit is a charade," Google
said in court documents filed before a hearing on Wednesday in Seattle.
"Indeed, Microsoft executives admitted to Lee that their real
intent was to scare other Microsoft employees into remaining at
the company."
Google countersued last week, seeking to override Microsoft's noncompete
provision so that it can retain Lee.
"In truth, Kai-Fu Lee's work for Microsoft had only the most
tangential connection to search and no connection whatsoever to
Google's work in this space," Google said in court documents.
The judge in the case, Steven Gonzalez of Superior
Court, who heard arguments in the case on Wednesday, said he expected
to issue a ruling on Thursday.
Google's filings include details about a conversation Lee had with
Microsoft's chairman, Bill Gates, suggesting that his company was
becoming increasingly concerned about Google's siphoning of talent,
and perhaps intellectual property.
Lee said Gates told him in a meeting on July 15, referring to Microsoft's
chief executive, Steven Ballmer: "Kai-Fu, Steve is definitely
going to sue you and Google over this. He has been looking for something
like this, someone at a VP level to go to Google. We need to do
this to stop Google."
A Microsoft spokeswoman, Stacy Drake, declined to comment on Gates's
statement directly.
"Our concern here is the fact that Dr. Lee has knowledge of
highly sensitive information both of our search business and our
strategy in China," she said.
Lee said Google did not recruit him and had not encouraged him
to violate any agreement he had with Microsoft.
Microsoft countered that Lee's job with Google gave him ample opportunity
to leak sensitive technical and strategic business secrets. Microsoft
noted that Lee attended a confidential, executive-only briefing
in March, which was labeled "The Google Challenge."
"In short, Dr. Lee was recently handed Microsoft's entire
Google competition 'playbook,"' Microsoft said.
Lee joined Microsoft in August 2000 after he helped
to establish its research center in China. At one point, Microsoft
said, he was in charge of the company's work on MSN Search.
Microsoft and Google, along with Yahoo, are locked
in a fierce battle to dominate search, both online and through desktop
search programs. Google has begun offering new services, including
e-mail, that compete with Microsoft offerings.
Microsoft said it had paid Lee well in exchange for his promises
to honor confidentiality and noncompete agreements.
The company said that Lee made more than $3 million during nearly
five years at its headquarters in Redmond, Washington, and that
he earned more than $1 million last year.
Microsoft asserts that there is "an extremely close between
the work Lee did at Microsoft and what he will be doing at Google.
Google argued otherwise, insisting that Lee is not a search expert
and noting that his most recent work at Microsoft was in speech
recognition.
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