Motorola has sued RIM accusing the company of hiring away 40 of its employees since February.

"Motorola says RIM is violating a specific non-solicitation contract the companies signed in February, when Motorola said it was considering selling, or spinning off, its wireless-phone business."

Motorola has been losing executives and engineering employees in recent months. They have been losing marketshare and it looks like people have been jumping ship.

Motorola is seeking at least $50,000 in damages. Neither company had any comment.