Novell has won the first stage in its legal battle with the Wolf Mountain Group, a breakaway company set up by three of its senior engineers last month. The new company has been issued with a temporary restraining order, preventing it from using any Novell assets or proprietary information. It has also been prevented from using the ?Wolf Mountain? name until further hearings can be held.
The restraining order was awarded by the fourth district court of Utah after Novell slapped a lawsuit on its former employees, Jeff Merkey and Darren Major, and on current Novell engineer, Larry Angus, last Tuesday (see story 2 May). Novell claims the individuals have breached their contracts and fiduciary duty, misappropriated trade secrets and infringed trademarks.
The court has also prohibited the Wolf Mountain Group, which is working on multivendor clustering software, from misappropriating Novell?s proprietary information and trade secrets, including clustering technology, software program code, and related information.
Novell dismissed reports of a laboratory brain drain to the group, now 53-strong, as ?erroneous?. However, the restraining order also prevents the new company from ?interfering with Novell?s contractual relationships with its current employees", making poaching more difficult.
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