Ikon Office Solutions, Inc. v. American Office Products, Inc.
Ikon Office Solutions, Inc. v. American Office Products, Inc.
Opinion of the Court
MEMORANDUM
Ikon Office Solutions, Inc. (“Ikon”) appeals the magistrate judge’s grant of summary judgment in favor of American Office
I. Ikon’s Appeal
The district court correctly concluded Ikon could not enforce its noncompetition agreements against Bergey or Bradley. Bergey’s written noncompetition agreement was invalid because she did not sign it until several days after she began her employment with Ikon.
Ikon cannot assert a noncompetition agreement against Bradley either. Assuming that Bradley’s noncompetition agreement was valid, Ikon waived its right to assert the agreement.
We hold that neither Bergey nor Bradley’s noncompetition agreements were enforceable. Therefore, the district court properly granted summary judgment in favor of Appellees.
II. Appellee’s Cross-Appeal
The district court properly denied Appellees’ request for attorney fees.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Or.Rev.Stat. § 653.295(l)(a) (1989) (requiring that noncompetition agreements be entered into upon the initial employment).
. Id. at § 653.295(6)(c).
. Under Oregon law, waiver is an "intentional relinquishment or abandonment of a known right.” Moore v. Mut. of Enumclaw Ins. Co., 317 Or. 235, 855 P.2d 626, 629 (1993) (emphasis added).
. Bennett v. Farmers Ins. Co. of Or., 332 Or. 138, 26 P.3d 785, 796-97 (2001).
. The question of whether the district court properly interpreted the attorney fee statute is a question of law that we review de novo. Kona Enter. Inc. v. Estate of Bishop, 229 F.3d 877, 883 (9th Cir. 2000).
. Or.Rev.Stat. § 646.467(1) (2001).
. Mattiza v. Foster, 311 Or. 1, 803 P.2d 723, 728 (1990).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.