In his ruling, the judge tossed out the countersuit by former HP executive Karl Kamb but left the door open for him to file his claims again.
Hewlett-Packard won a small legal victory earlier this week, when a federal judge in Texas dismissed a lawsuit filed by a former executive with the IT giant.
In his ruling, which was released late on Jan. 25, U.S. District Court Judge Michale Schneider ordered that Karl Kamb, a former HP executive, withdraw his counterclaim against his former employer.
However, Schneider wrote that Kamb and his attorneys could refile their lawsuit again if the records were kept under seal with the court. The judge also ruled that Kamb and his attorneys could not attach any legal exhibits to another lawsuit or speak to the press about the allegations.
"The only comment that the Parties may make to such third party is that the Counterclaim would be withdrawn and refiled under seal," Schneider wrote in his order.
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In his original claim, Kamb accused HP, which is based in Palo Alto, Calif., of attempting to steal trade secrets from Dell. Kamb claimed he was instructed to make a payoff to a Dell executive in Japan in exchange for product secrets and launch dates.
In addition to HP, the lawsuit also names several people involved in the HP pretexting scandal,
including former board Chairman Patricia Dunn.
Kamb is also being sued by HP for stealing trade secrets to start his own business.
The most recent allegations by Kamb were first reported earlier this week by the San Francisco Chronicle. The lawsuit was filed in the U.S. District Court for the Eastern District of Texas.
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