The founders of Skype — also the founders of Joost — are trying really hard to stop eBay’s deal to sell the company they created.
The litigation train that is Joost is seeking an injunction against its former CEO to prevent him from using allegedly confidential information he got at Joost in his current dealings with Skype.
The former CEO is Michelangelo Volpi, now a partner at Index Ventures, which is also named in the injunction request.
Joost filed a lawsuit against the defendants last month. The suit claims Volpi used proprietary knoweldge he gained while at Joost allowed the group that bought Skype to be comfortable making the aggressive bid that it did.
The injunction request asks that Volpi and Index be prevented from futher participating in the acquisition of Skype.
Index Ventures was one of the smaller players in the the bid to purchase Skype from eBay, All Things Digital reports. (They also have a copy of the injunction request.)
Volpi, that suit claims, knew enough from his time at Joost to be comfortable that litigation pending over the copyright of software owned by co-plaintiff Joltid would not impede the future of Skype.
The motion for preliminary injunction reiterates requests made in the original suit — that Volpi stop using his Joost-gained knowledge and stop sharing it with the buyers of Skype. Further, they want to enjoin him from asking any Joost employees to join Skype.
Injunctions are an aggressive remedy, so for the court to grant it Joost will have to show that they have a reasonable probabitlity of success in the suit and that they will be irreparably harmed if an injunction is not issued.
Joost claims that if the injunction is not issued, “Defendants will secure their place in the [Skype transaction] that is indelibly tainted by their misconduct.”
This would basically be the way to stop, at least temporarily, the eBay deal Joost apparently so desparately wants to halt.
The judge’s decision of whether or not to grant the injunction could be an early indication of how this one will turn out.
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