In the continuing saga over Google hiring Kai-Fu Lee to head up a new China research center, Google has asked a federal judge in California to rule that Lee's contract with Microsoft is unenforceable and that the researcher should be allowed to join Google unfettered by the terms of his employment deal.

After lee was hired, Microsoft sued Google in Washington state court. Google quickly countersued in a California state court saying that the case should be heard there. Microsoft then had the California matter moved to federal court in San Jose, Calif.

Now Google is asking the federal court to rule in its favor without a trial on the grounds that "there is no genuine issue as to any material fact". The News.com story goes on to say, "In support of its case, Google argues that Lee is now a California resident, living in Palo Alto. Google said that Lee has obtained phone service in the state, registered to vote and obtained a driver's license. Lee has also "begun paying California state income taxes, including tax on a signing bonus from Google," the search giant said in court papers."

It is safe to say that the battle over highly skilled and educated people will continue between rivals. In Lee's case, he simply has to wait it out. Who will win? While I can understand a company such as Microsoft not wanting one of their executives to now go to work for one of their number one rivals due to a "narrow non-competition" agreement Lee made with Microsoft, what is a person to do? Learn a new trade? Go to work for a no-name company? Retire completely? I guess we will have to wait for the courts to decide this one.