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Patent Law

: IPBiz

On hiring employees of your competitor

By Lawrence B. Ebert, Esq.

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from pcmagazine on the restraining order of 7 Nov 08 from the U.S. District Court for Southern New York [SDNY]:

In June 2006, Mark Papermaster signed a non-compete agreement in which he agreed not to work for an IBM competitor for at least a year if he ever left IBM, according to court documents.

He informed IBM of the Apple job offer last month. On October 20, IBM offered him a pay raise as well as the option to accept one year's salary if he promised not to go to a competitor, but Papermaster submitted his resignation the next day.

On October 22, IBM filed suit.

IBM says: Papermaster is "in possession of significant and highly confidential IBM trade secrets and know-how, as well as highly sensitive information regarding business strategy and long-term opportunities,"

Papermaster says: he will "suffer severe hardship if he loses his dream job and is forced out of the rapidly changing electronics industry for a year."

Full post as published by IPBiz on November 09, 2008 (boomark / email).

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