But companies can (and Google does) prevent current employees from working on side projects—even on their own time and equipment. So I suppose the relevant question is: did these guys leave and then start with a completely blank slate? Presumably yes! Any IP ownership ambiguity that would arise from moonlighting would have been flushed out during funding due diligence.
They can prevent moonlighting if it creates a conflict of interest, for example if the work is similar to what the employer does or could do. For large companies, the definition of that can amount to “every potential side project”.
Depending on the IP assignment clause in one's employment agreement, even if you are allowed to moonlight on your startup your employer may own the IP. I just checked mine and if I make any inventions related to my employer's business, then per the terms, I automatically grant the company the right to that invention.
I've heard rumors that one can negotiate these clauses. But this is what I expect would be relevant for these engineers.
They can try to enforce that, but my understanding is that your brain is generally yours outside of working hours, and stuff you dream up is also yours.
But, obviously it’s easier to quit and then do your inventing.
It seems less risky to just not moonlight, especially if that moonlighting has the potential to turn into a high-$$$ business. Day zero IP litigation is last thing you need to be involved with when you're trying to bootstrap a technology startup. Even if you know with 100% certainly you would win, you'd be bled dry fighting BigCompany's hundreds of lawyers.
> did these guys leave and then start with a completely blank slate?
Almost certainly yes, because they also need to avoid Google patents granted for TPU. Source: I investigated this area and there are lots of TPU patents.
