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Chip startup Rivos is countersuing Apple Inc., claiming the tech big forces workers to signal restrictive agreements that forestall them from working elsewhere and stifle up-and-coming firms that rent its employees.
The countersuit filed Friday by Rivos and 6 ex-Apple workers in a San Jose federal court docket escalates an acrimonious commerce secret feud that started when Apple final 12 months sued Rivos and former workers who joined the startup. Rivos is pushing again by asking the court docket to rule that Apple’s “overbroad” non-disclosure and non-solicit agreements are unenforceable.
“Afraid of any risk of legit competitors within the market, and hoping to frighten and ship a message to any workers who may dare to depart Apple to work someplace else, Apple has resorted to attempting to thwart rising startups by anticompetitive measures, together with illegally limiting worker mobility,” Rivos mentioned in its countersuit.
An Apple spokesman declined to remark.
Apple accused the startup and the workers in a lawsuit of luring away its engineers and stealing proprietary info used to develop its homegrown chip designs. The dispute revolves round “system-on-chip” know-how that shrinks a number of pc parts right into a small chip, which Apple says it has invested billions of {dollars} in to make its gadgets extra highly effective.
Rivos claims Apple’s Mental Property Settlement that Apple workers signal as situation of employment are “expansive as to cowl something ‘realized’ through the course of employment, regardless whether or not it’s a commerce secret.” The settlement contains, a non-solicitation provision, “which is designed to, and Apple makes use of to, chill worker mobility and competitors,” Rivos mentioned in its countersuit.
Learn extra: Apple Advances Chip Secrets Suit Against Ex-Employees
Furthermore, Apple permits workers to retailer work paperwork of their iCloud and iMessage accounts however doesn’t examine their knowledge and messages after they depart, based on Rivos’ countersuit.
Apple had sued Gerard Williams III, who left his job as lead chip architect at Apple and co-founded a chip startup Nuvia Inc. for commerce secrets and techniques theft in a California state court docket in 2019. Williams had additionally lashed back in a court docket submitting saying Apple’s lawsuit is designed to “suffocate the creation of latest applied sciences and options by a brand new enterprise, and to decrease the liberty of entrepreneurs to hunt out extra fulfilling work.”
Apple requested the Santa Clara County Superior court docket to dismiss the lawsuit in opposition to Williams in April.
Apple deployed the identical “playbook” used in opposition to Nuvia and Williams to focus on Rivos, the startup claims.
In August, US District Decide Edward Davila threw out Apple’s commerce secret claims in opposition to Rivos, however gave the iPhone maker an opportunity to file a revised criticism.
The case is Apple Inc. v. Rivos Inc., 5: 22-cv-2637, U.S. District Court docket, Northern District of California (San Jose).
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