HP Sues Hurd For Taking Oracle Job

Hewlett-Packard Company has sued Mark Hurd, HP’s former chairman and president, for breach of contract and threatened misappropriation of trade secrets for taking the position of co-president of Oracle Corporation.

The HP complaint seeks to enjoin Hurd from taking the position with Oracle, a competitor, “in which he will serve in a capacity that will make it impossible for him to avoid utilizing or disclosing HP’s trade secrets and confidential information.”

The complaint notes that Hurd “was paid monies, stock and stock options worth millions of dollars during and after his employment with HP. In addition, he signed several documents and attended seminars at HP regarding keeping the company’s trade secrets from the public and other competitors.

“Hurd was responsible for the creation of HP’s strategic plans, including its FY 2010 and FY 2011 business plans,” the complaint states. “He was responsible for creating a plan to compete against HP’s competitors, including Oracle. By working at Oracle, he cannot help but utilize and disclose HP’s trade secrets and confidential information, including the trade secrets and confidential information contained in the FY 2010 and FY 2011 business plans.”

The complaint alleges that Hurd was provided access to HP’s most valuable trade secrets and confidential information. “Hurd’s position as President and a member of the Board of Directors for Oracle puts HP’s trade secrets and confidential information in jeopardy.” At Oracle, he will serve functions “similar to his previous roles at HP and thus, cannot avoid disclosing and utilizing UP’s trade secrets and confidential information.”

The lawsuit seeks to enjoin Hurd from holding a position with a competitor of HP in which he will utilize or disclose HP’s trade secrets and seeks undisclosed compensatory and exemplary damages.

Hewlett-Packard Co. v. Mark V. Hurd, et al., Superior Court of Santa Clara, California, No. 110CV181699.