In July we discussed IBM’s non-compete case against former director David Johnson.  The trial court denied IBM’s injunction and IBM appealed to the Second Circuit.  The Second Circuit denied IBM’s appeal. 

The summary order addressed IBM’s failure to show a likelihood of success on the merits:

We do not reach the question because IBM failed


In a recent non-compete decision, Federal District Court Judge Steven Robinson denied an injunction sought by IBM to keep a former vice-president, Steven Johnson, from going to work for Dell.  The court rejected IBM’s contention, that Johnson had access to trade secrets:

The court believes . . . that IBM has overstated its case.  Mr. Johnson does not