Here is the main reason the Federal Court in Utah ruled the non-compete agreement was unenforceable...California Business and Professions Code reads:

BUSINESS AND PROFESSIONS CODE
SECTION 16600-16607

16600. Except as provided in this chapter, every contract by which
anyone is restrained from engaging in a lawful profession, trade, or
business of any kind is to that extent VOID.

The Court in UTAH, once they decided California Law applied to the case, had no choice. The Statute clearly says the activities proscibed by the Stateue are VOID.

Any appeal in this case on the issue of the agreement been void will simply be thrown out of Courts. The Law clearly states what is VOID, and the INTENT OF THE PARTIES is irrelevant. Simply said, the parties can not agree to violate the LAW...

The additional question of whether the subsequent contract superceeed the original non-competition agreement was addressed by the Court because it was there. An even on thjat one they ruled against BOW...

Gil...