brucek2 :
How about instead of paying lawyers to sue Apple, they pay the employees what they are worth so they wanted to stay where they were?
All of our economic systems are built on markets being free enough to find the right price for the right product or service. I see no reason to prevent these engineers from receiving an offer they found more compelling, or punishing the employer who wanted to give it to them.
It gets kinda fuzzy when you hire a significant chunk of a team away from another company. At that point, Apple isn't simply hiring engineers that happen to have a particular expertise, they're acquiring some amount of IP at a discount price (and they're paying it to the engineers, rather than the investors of the victimized company, who are the rightful owners of the IP).
What they should have just done is bought A123, but if it really is in deep debt, I guess they would rather not take than onto their books. Perhaps they even offered to buy the IP and A123 refused. That would make these hires very suspicious.