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EMC Sues Over Secrets: Page 2 of 3

Ironically, the Clarion IP4700 outshipped Network Appliance’s NAS device by $100 million in the first quarter of this year, according to Fredrickson. Nonetheless, EMC plans to pursue the case. “This is a matter of principle: We can’t compromise because the competitive battle turns out in our favor,” says Fredrickson. “If we do not protect our intellectual property, these employee contracts have no value, and the message we send out is that people are free to violate them.”

Network Appliance, not named in the suit, declined to comment on it.

J.D Smeallie, of Boston law firm Holland & Knight LLP is the attorney for Kowowska and believes EMC is suing his client for reasons other than her defection.

“EMC is after monetary damages in excess of a million dollars for the cost to retain its engineers by way of bonuses and incentives, since Karwowska has been allegedly trying to poach them,” Smeallie told Byte and Switch

Smeallie goes even further, contending the case has “nothing to do with the EMC product.” Instead, he says, the company is trying to recoup the costs of its staff retention program put in place when it acquired Data General. "They are recouping these costs by blaming my client," he says.