| By Maureen O'Gara | Article Rating: |
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| November 17, 2008 05:47 PM EST | Reads: |
2,303 |
Mark Papermaster, the ex-VP of blade development at IBM and the guy that IBM stopped from going to Apple to run its iPod and IPhone development on the strength of the non-compete he signed, has sued his former master looking for a declaratory judgment in his favor.
His suit says Apple and IBM aren’t significant competitors and that a strict construction of the “unreasonably broad” non-compete would basically stop him from “going to work for any company in any capacity anywhere in the world” if it competes with IBM the least little bit.
It also – and most importantly – challenges the jurisdiction of the New York federal court where IBM got the preliminary injunction ordering Papermaster not to work at Apple.
The non-compete would sideline Papermaster for a year if enforced.
If IBM pursues the case and the injunction doesn’t stand it’ll lose the $3 million bond it was told to post to cover Papermaster’s costs and damages.
Published November 17, 2008 Reads 2,303
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Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025.
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