In response to the news of Mark Hurd’s intention to join Oracle, HP today filed a civil complaint in the California Superior Court (County of Santa Clara) against Hurd. HP’s statement on the matter:
“Mark Hurd agreed to and signed agreements designed to protect HP's trade secrets and confidential information. HP intends to enforce those agreements.”
The full complaint can be found here [pdf]; part of the introduction is excerpted below:
“Despite being paid millions of dollars in cash, stock and stock options in exchange for Hurd’s agreements to protect HP’s trade secrets and confidential information during his employment and following his departure from his positions at HP as Chairman of the Board, Chief Executive Officer, and President, HP is informed and believes and thereon alleges that Hurd has put HP’s most valuable trade secrets and confidential information in peril. Hurd accepted positions with Oracle Corporation (“Oracle”), a competitor of HP, yesterday as its President and as a member of its Board of Directors. In his new positions, Hurd will be in a situation in which he cannot perform his duties for Oracle without necessarily using and disclosing HP’s trade secrets and confidential information to others.”
Parts of the Agreement Regarding Confidential Information and Proprietary Developments (the “Trade Secret Protection Agreements”), signed by Hurd on February 6, 2008, February 26, 2009, and February 12, 2010, can be found in the complaint (sections 28-32).