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January 23, 2020 10:40 pm

Apple Lawsuit Tests If An Employee Can Plan Rival Startup While On Payroll

Attorneys for a former Apple executive will try to convince a skeptical judge that employees can plan a competing venture while still in a job. Reuters reports: Apple filed the lawsuit in Santa Clara County Superior Court against Gerard Williams III, who left the company last year after more than nine years as chief architect for the custom processors that power iPhones and iPads to start Nuvia Inc, which is designing chips for servers. Judge Mark H. Pierce last week issued a tentative ruling allowing the case to proceed but barring Apple from seeking punitive damages. Apple sued Williams in August, alleging that he breached an intellectual property agreement and a duty of loyalty to the company by planning his new startup while on company time at Apple, spending hours on the phone with colleagues who eventually joined the venture. Apple is not suing Nuvia itself or any of Williams' co-founders and it did not allege any intellectual property or trade secret theft. According to a copy of Williams' agreement that Apple attached to its complaint, the contract required that Williams "will not plan or engage in any other employment" that competes with Apple or is directly related to the company. In a filing in November, Williams argued that Apple's contract was unenforceable because California law allows employees to make some preparations to compete while still in their current job.

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Original Link: http://rss.slashdot.org/~r/Slashdot/slashdot/~3/wwc5nMJJa80/apple-lawsuit-tests-if-an-employee-can-plan-rival-startup-while-on-payroll

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