Informix alters charge against ex-developers

The developer poaching row between database rivals Oracle and Informix took a different turn last week after Informix backed down over its allegations.

Two weeks ago Informix CEO Phil White issued an ultimatium to Oracle CEO Larry Ellison requesting the return of his software developers (PC Dealer, 12 March).

But Informix backed down last week when it claimed it could not find any evidence that 10 former employees took or made use of trade secrets when they left to join Oracle.

Informix has amended the charges against its former staff, saving its most serious allegations for former Informix VP Gary Kelley.

The original complaint was filed by Informix after 11 of its engineers quit to move to Oracle. Informix originally wanted all 11 to be banned from using knowledge they acquired during their time with the firm.

But the pre-trial discovery process has only uncovered one instance of confidential material being downloaded from one of Informix? PCs, which happened three days before the resignations took place. That information was returned to Informix three weeks after the original complaint was filed.

The engineers are now accused of threatened, not actual, misappropriation of secrets. But the amended complaint accuses Kelley of breach of contract, breach of fiduciary duty and unfair competition, and seeks punitive damages against him. Oracle is also accused of threatened misappropriation and unfair competition.