In a likely effort to remove local bias in favor of Google, Microsoft is attempting to shift Google"s countersuit in the Kai-Fu Lee case from a California court to federal court.
A July 29 court filing by Microsoft technically means the case has moved to federal court. But Google can still ask a federal judge to let the case surrounding the ex-Microsoft executive proceed in state court, according to a legal expert.
Late last month, Microsoft filed to switch to federal court Google"s request that a California judge invalidate Microsoft"s noncompete agreement with Lee, who was hired by Google to head its China operations. In its filing with the U.S. District Court for the Northern District of California, Microsoft argued that the dispute qualifies as a federal case in part because the two companies are based in different states.