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  1. #1
    Join Date
    Sep 2013
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    1

    Default Ex-Employee Competing with Software Company

    An individual X was employed by a software company A, where he was designing proprietary algorithms
    and developing software for "business process optimization". His employment started in 1998, and in
    2002 he was laid-off as company was downsizing and decided stop developing the product.
    There are no known patent applications filed to protect any rights related to the product design.

    In 2003 X started independent development of the software product with similar functionality and
    characteristics based on a different algorithm written in a different programming language and under
    a different name. First version of the product was available in 2004.

    In 2010 company B acquired company A assuming all rights, and soon after development of the original
    product was resumed. There are reasons to believe that company B would make an effort to stop X from
    developing and marketing a "competing" product and is researching legal options.

    What X should be worrying about?

    Best Regards

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ex-Employee Competing with Software Company

    if they have Bill Gates wallet and the company B is eating out of garbage cans, not much. If the situation is reversed, then if the company B wants to make an issue about it, living and being able to eat again.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Employee Competing with Software Company

    Quote Quoting carabas
    View Post
    In 2003 X started independent development of the software product with similar functionality and characteristics based on a different algorithm written in a different programming language and under a different name. First version of the product was available in 2004.
    There either was or wasn't a noncompete agreement. The new product either exploited or didn't exploit Company A's trade secrets. The facts matter.
    Quote Quoting carabas
    There are reasons to believe that company B would make an effort to stop X from developing and marketing a "competing" product and is researching legal options.
    You have told us that X developed and started marketing a competing product a decade ago. Does this coveted technology involve time travel?

    This is happening in what U.S. state?

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