Mark Papermaster, who is facing a lawsuit from his former employer IBM after assuming a senior position in Apple last month, has responded by filing a countersuit against the company.
Earlier, Papermaster received orders to “immediately cease his employment with Apple”, from a US District Court, in the wake of non-compete lawsuit filed by IBM.
In a lawsuit filed on Thursday, Papermaster argues that the non-competition agreement he inked as the head of IBM’s Blade server development unit has nothing to do with his job profile at Apple, because IBM and Apple are not “significant competitors”.
“IBM primarily provides business enterprise services, while Apple's primary business is the design, manufacturing and marketing of consumer products”, Papermaster claimed in his lawsuit.
In addition, Papermaster asserted that the non-competition agreement he penned with IBM was “unreasonably broad”, as it attempted to limit him from serving “any company that engages in competition with his former business unit to any extent”, irrespective of the fact that Papermaster is serving the unit that is in competition with his former unit or not.
Upholding the unacceptability of the agreement, Papermaster claimed that the agreement is in line with the laws of New York State only, while he lives in Texas and Apple is based in California, and laws of both states hold this kind of non-competition agreement as enforceable.
- Papermaster Countersues To Escape IBM's Legal Hounds