A Washington State judge ruled today the hiring can proceed. The only stipulation was that the employee, Kai-Fu Lee, who is slated to head up Google's research office in China, cannot recruit from Microsoft.
''This ruling clears the way for Dr. Lee to... begin recruiting and building our R&D facility in China,'' Steve Langdon, corporate spokesman for Google, told internetnews.com. ''He's already making phone calls and will be working in our Mountain View headquarters tomorrow.''
Despite Google's apparent win on the main point of letting Lee start employment at Google, Microsoft called the ruling a victory in its favor.
''Today's injunction is broader than the Temporary Restraining Order, which was granted to Microsoft in July and imposes further restrictions on Dr. Lee's activities in China. The injunction restricts Dr. Lee to limited interviewing and site location activities.''
The statement concluded: ''We are gratified that the court found Dr. Lee 'misled Microsoft' and misused confidential information, even while he was still employed by Microsoft.''
Google has a different interpretation.
''There are some restrictions, but the ruling basically allows Dr. Lee to do what we've wanted him to be able to do,'' said Nicole Wong, Associate General Counsel for Google, in a company blog. ''The judge said that Microsoft had 'not sufficiently shown that it has a clear legal or equitable right to enjoin Dr. Lee, pending trial, from establishing and staffing a Google development facility center.''