Google, Inc. v. Microsoft Corp.

ORDER GRANTING DEFENDANT’S MOTION FOR A STAY AND DEFERRING RULING ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

Google, Inc. (“Google”) and Kai-Fu Lee (“Lee”) have sued Microsoft Corporation (“Microsoft”) for declaratory relief. Microsoft moves to dismiss, transfer or stay this case. Google and Lee oppose the motion and cross-move for summary judgment. The court has read the moving and responding papers and considered counsels’ arguments. For the reasons set forth below, the court grants Microsoft’s motion for a stay and therefore defers ruling on Google and Lee’s motion for summary judgment.

I. BACKGROUND

The facts relevant to Microsoft’s motion are undisputed. In August 2000, Lee began working as Microsoft’s Vice President for Research and Development. Lee Decl. Supp. Mot. Summ. J. (“Lee Decl.”) Ex. A at ¶ 9. Lee’s employment agreement with Microsoft contains a limited covenant not to compete:

Id. The Microsoft employment agreement also provides (1) that it “shall be governed for all purposes by the laws of the State of Washington” and (2) “that exclusive venue and exclusive personal jurisdiction for any action arising out of this Agreement shall lie in state or federal court…