Heraeus Medical, LLC v. Zimmer, Inc.

Summary

The Indiana Supreme Court held that the blue pencil doctrine permits courts to delete unreasonable language from a restrictive covenant but does not permit them to add language, even when the contract contains a reformation clause. Because the employee nonsolicitation covenant covered every Zimmer employee and could not be narrowed by deleting divisible language, it was void and unenforceable. The court vacated the portion of the preliminary injunction enforcing that covenant and remanded, while summarily affirming the resolution of the remaining issues.