By Erik Larson

U.S. District Judge Stephen Robinson in White Plains, New York, rejected IBM's claim this week that it had new evidence to include in a motion for a preliminary injunction against the ex-employee, David L. Johnson. Robinson denied IBM's first request June 26, saying it would unfairly hurt Johnson's career.

IBM sought an injunction for the duration of the lawsuit in which it seeks to enforce a one-year noncompetition agreement that Johnson, a 27-year IBM veteran, says isn't valid because he deliberately signed it in the wrong space. IBM appealed Robinson's earlier ruling.

Dell, based in Round Rock, Texas, hired Johnson in May, triggering a lawsuit in which Armonk, New York-based IBM accused him of violating the agreement intended to protect trade secrets and retain employees.

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