Microsoftfor hiring Lee to run its operations in China, alleging his new duties violate the terms of an employment agreement he signed when he joined Microsoft.
The companies are scheduled to appear on Friday at a hearing in federal court in San Jose, Calif., where. Microsoft wants the case decided in the state of Washington, where the software maker is based and where a judge already has already Lee from performing certain work for Google until he issues a final ruling. That case is scheduled to go to trial in January.
Google initially filed its countersuit in California state court, which generally frowns upon noncompete contracts. Microsoft had the case.
At Friday's hearing, U.S. District Court Judge Ronald Whyte is scheduled to hear two motions. One is Google's request that the court void Lee's contract and issue a summary judgment without a trial. The other is Microsoft's motion to either dismiss, transfer or stay Google's suit.
Microsoft offered to settle the suits with Google after Washington court issued the preliminary injunction. Google has not responded to the offer, which asks the company to limit Lee's duties until the noncompete agreement expires in July.