SAN FRANCISCO (Reuters) – Hewlett-Packard Co said has sued former Chief Executive Mark Hurd and asked the court to prevent him from participating in Oracle Corp., he of the company is set to rival technology was secretly Commercial HP Oracle, the world’s third largest producer of software, called Hurd co-chairman and director on Monday, a month after he resigned from HP irregularities cost of an entrepreneur women.

separation agreement

Hurd of HP does not include non-competition clauses which are not generally enforceable in California. But it contains a confidentiality pact two years ago.

In a civil case in Superior Court in Santa Clara County filed on Tuesday, said HP: “In his new position, Hurd, in a situation where it can not perform his tasks are Oracle, without necessarily the disclosure and trade secrets and confidential information from HP for others. “

But lawyers for the employment and intellectual property

said HP will be hard to convince a court.

“I think HP has a real uphill battle here,” said Cliff Palefsky of San Francisco law firm of McGuinn, Hillsman & Palefsky, who represents plaintiffs in employment cases.

“The idea is that you are not your job without the help of our trade secrets. And without further specification, it’s just not likely to fly,” he said.

Oracle HP indictment as “vindictive” and said the board of the company makes it “virtually impossible” for both companies to combine.

“With the filing of this vindictive complaint against Oracle and Mark Hurd, HP board acts in complete disregard of this partnership, our joint customers, and their own shareholders and employees,” Oracle CEO Larry Ellison said in a statement.

HP says if Hurd is allowed to go, that would Oracle “a strategic advantage to know where Oracle or no resources assigned and use the knowledge about the strengths and weaknesses of HP.”

Hurd “can not separate the trade secrets and confidential information from HP to meet their daily tasks in Oracle,” said the complaint.

HP, the court asked Hurd block a position with a competitor in which it is impossible for him to avoid disclosing confidential information.

Linda Stevens, an intellectual property consulting with Schiff Hardin, said California courts are not receptive to the doctrine of the so-called “inevitable disclosure.” “It is very clear is in California now that the courts are hostile and have not yet accepted and in fact rejected the doctrine of inevitable disclosure”

, “she said.

BIG rentals

Wall Street analysts, Hurd said a tremendous amount of Oracle expertise, offer especially given his expertise in computer hardware and the integration of acquisitions would.

Oracle is a major partner of HP and a rival. Oracle competes with HP in the server market, after Oracle $ 0600000000 acquisition of Sun Microsystems, which closed earlier this year. Oracle on the HP suit

Tuesday.

Oracle, Hurd oversee sales, marketing and support comment will be rejected.

In his suit, HP said it has paid Hurd, as there is no confidential information about the company.

“Despite millions of dollars paid in cash, to protect stocks and stock options in exchange for agreements to Hurd, HP’s trade secrets and confidential information while working … (HP) said that Hurd HP’s clandestine trade in the valuable and confidential data danger, “said HP complaint.

HP Hurd

compensation was estimated at 0 million U.S. dollars in the three years before his resignation, and his exit package to 0.6 million euros.

Some legal experts said HP various measures were to ensure that Hurd did not take close to a rival country in a short time.

A better way to avoid Hurd for a competitor to HP made his departure, payable over time to work, “said Stephen Hirschfeld, a lawyer for the job in San Francisco.

” I have a kind of continuing obligations of the money committed, “said Hirschfeld.

If the case follows the classic route, where the proposed injunction is filed, a judge will soon schedule a hearing on the request of HP Hurd Bar go to Oracle.

Oracle jumped 6 percent Tuesday as investors celebrated applauded Hurd’s appointment, which analysts generally considered a blessing for Oracle [ID: nN07245484].

Hurd, HP announced, August 6 HP said it has expenses. inaccurate reporting, Jodie Fisher, a marketing entrepreneur who has worked for the Office 2007 Hurd filed until 2009. Although Fisher made allegations of sexual harassment Hurd, HP has found no harassment had taken place.


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