As previously reported by many in the Apple web, the New York Judge in the IBM v. Papermaster suit ordered IBM to post a three-million dollar bond to cover any potential damages that Papermaster may suffer if IBM fails to prove that the injunction was appropriate. Specifically, as reported by Edible Apple:

In the on-going saga between I.B.M and Mark Papermaster over his decision to work for Apple, a Ditrict Judge in New York has recently ordered that I.B.M post a 3 million dollar bond in the event that it’s later decided that the preliminary injunction initiated by I.B.M was without merit.

Late last week, IBM posted the appropriate bond. Also of interest, just like Psystar (but hopefully with actual merit, unlike Psystar), Papermaster countersued IBM right back. Papermaster alleges:

  • The employment agreement signed by Papermaster precludes him from working for any direct or business enterprise competitor with IBM. Papermaster argues that Apple fails on both counts; it is not a direct competitor and it is not a business enterprise company, but rather a consumer products company.
  • The agreement is overly broad as its prohibition lasts for one year which is unreasonably long in the fast-paced world of technology.
  • The agreement provides that it shall be governed by the laws of New York, but Papermaster actually works in Texas and would work for Apple in California and those two states are not friendly to such agreements.
  • Papermaster signed an agreement with Apple that he would not disclose any of IBM’s secrets. (Yes, I do see the irony.)

(via MacWorld and MacOSKen show 11/19/08)

A Hearing is set for February 9, 2009.