Apple shreds bio of recent IBM hire amid proceedings

[AppleInsider]

Apple has taken down its bio for Mark Papermaster, the senior vice president of "Devices Hardware Engineering" that the company hired from IBM, signaling new uncertainty surrounding the position.

After being recruited by Apple, Papermaster was sued by IBM, his previous employer, under allegations that was violating a non-compete clause in his employment contract. IBM maintains that Papermaster is taking proprietary knowledge to Apple in order to develop directly competing technologies for a competitor. Papermaster says that his position at Apple does not compete with IBM's products.

Papermaster filed court papers that noted, "Until this litigation effort by IBM, aside from the divested IBM personal computer business and a single sale several years ago of Apple’s Xserve product to a university, I do not recall a single instance of Apple being described as a competitor of IBM during my entire tenure at IBM."

Apple's recent acquisition of PA Semi, a fabless chip design firm that had been working on PowerPC processors but which is now tasked with developing embedded chips for Apple's iPod and iPhone, resulted in some speculation about whether Papermaster might bring IBM's internal silicon expertise to Apple. In his most recent position, Papermaster was managing IBM's blade server division, which does not use IBM's Power architecture CPUs.

Last Friday, the court granted IBM a preliminary injunction to stop Papermaster from performing work for Apple just days after he reported to the company; a hearing on the matter is scheduled for next week. Until then, Apple's bio describing Papermaster as the company's senior vice president of Devices Hardware Engineering has been pulled. A copy is still visible from Google's cache, CNet News pointed out.

The yanked bio said Papermaster "leads the iPod and iPhone engineering teams, and reports directly to Apple's CEO." It also noted that Papermaster "has 25 years of product and technology experience, and was previously a vice president at IBM responsible for blade development including x86, POWER, storage blades, chassis, network electronics and associated ecosystem. He started his career in application-specific IC development circuit design at IBM’s Microelectronics Division, and had technical and management assignments in quality, CAD tool applications, and microprocessors."

[ View this article at AppleInsider.com ]

[petermac]

This is just Apple complying. We'll know more by end of next week.

[Abster2core]

Originally Posted by AppleInsider

The yanked bio…

Man, is that kinda strong. Apple had no choice but to remove it.

As per the original filing by IBM, examing the Nature of Action, it states in part that,
"IBM brings this action to prevent…Papermaster…who 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…", it might be that the highlighted portion may be their primary concern.

Certainly, the one-year noncompete indicates it, especially since Papermaster reports directly to Jobs. As well, the court filings by Papermaster show that IBM had some concerns about him going to Apple and as evidenced, IBM had countered offered and "that if he did not accept the counter-offer, IBM would pay him his base salary to "sit out" for a year." Filing 10, http://docs.justia.com/cases/federal...078/334178/10/

Papermaster was also told by IBM that if he left, "the light would be on" for him at IBM. Certainly doesn't seem to be anything nefarious on IBM's part.

It should also be kept in mind that Papermaster had agreed with Apple not to disclose the offer, as such, Papermaster could not even describe to IBM what the new position/job was when he tendered his resignation. Certainly, this would give any corporation some concern and until the documents are completely filed, their legal request appears appropriate at the time.

IBM would love to keep him. Apple would love to have him. Now the court has to decide if the job that Apple has offered would put Papermaster's knowledge of IBM's trade secrets and planning in a potentially precarious position over the ensuing year.

[zanshin]

Kind of editorializing, aren't you?

"Shred" has a very negative connotation, as in "Microsoft attempts to shred email evidence it was out to destroy Netscape."

We had two years of this kind of writing from the campaigns... let's just have real news and leave the opinion-writing to us nobodies.

[Virgil-TB2]

Originally Posted by zanshin

Kind of editorializing, aren't you? ...

I was going to say the same thing.

"Shred"? "Yank?"

Apple Insider is just making up a lot of behind-scene motivation here that they have no idea is true or false. All we know is that his web bio was taken down. If it's like where I work, it runs off of a database of hires and flipping the switch in the database is all that's required for someone to disappear. There is no reason to read much into this development at all. Certainly no reason to go nuts.

[boulder1259]

Yet another reason to not let lawyers hold political offices. The amount of useless but highly costly litigation is destroying this country.

[ouragan]

Papermaster wouldn't compete with IBM if he opened a grocery store...

but if he wants to work for another computer maker, he is subject to the non-competition agreement he signed with IBM to get his previous job.

BTW, IBM is large enough to hire good lawyers to draft an enforceable non-competition agreement for IBM's top managers. Don't expect the preliminary injunction to be overturned by the Courts.

The non-competition agreement is valid for a period of one year only and Papermaster is paid by IBM throughout the one year period of his non-competition agreement to ensure compliance (so that he doesn't have to seek financial support elsewhere... )

Now, Apple could still discuss the matter with IBM's lawyers and reach an out of Court settlement if Apple was willing to pay IBM...

[boulder1259]

Originally Posted by ouragan

good lawyers

No such thing...

[Lafe]

Originally Posted by ouragan

Papermaster wouldn't compete with IBM if he opened a grocery store...

but if he wants to work for another computer maker, he is subject to the non-competition agreement he signed with IBM to get his previous job.

I think one of Mr. P's points is that IBM is not a "computer maker" (any more).
Therefore, he might as well be working for a grocery store . . .

[BuzDots]

Originally Posted by boulder1259

No such thing...

Sure there are, but they all face east!

[macFanDave]

I don't know the technical details of this story, but that guy sure has a cool name.

I wonder with that name if IBM would have a problem with him working in the office supplies industry.

[echosonic]

Originally Posted by macFanDave

I don't know the technical details of this story, but that guy sure has a cool name.

If you think that's a cool name, scroll down to number one, and gaze upon Staff Sergeant Max Fightmaster.

http://www.cracked.com/article_14982...-in-world.html

[Wondering]

I agree with the shred statement... was someone trying to be cute with the pun? poorly done.

[robb01]

Originally Posted by Wondering

I agree with the shred statement... was someone trying to be cute with the pun? poorly done.

Very poor

____________

[zanshin]

Originally Posted by boulder1259

No such thing...

They're great if they win MY cases,,, otherwise they mostly suck the joy out of life, the marrow from your bones, and all the green from your wallet.

No wonder so many Senators & Representatives have been to law school!

[Wiggin]

"Apple shreds...signaling new uncertainty surrounding the position"

This place is starting to sound like MacNN, and that's not a good thing!

[StormChaser]

Why doesn't papermaster's wife set up a company then Apple can subcontract the company for a year. Papermaster will then not be EMPLOYED by Apple

Originally Posted by AppleInsider

Apple has taken down its bio for Mark Papermaster, the senior vice president of "Devices Hardware Engineering" that the company hired from IBM, signaling new uncertainty surrounding the position.

After being recruited by Apple, Papermaster was sued by IBM, his previous employer, under allegations that was violating a non-compete clause in his employment contract. IBM maintains that Papermaster is taking proprietary knowledge to Apple in order to develop directly competing technologies for a competitor. Papermaster says that his position at Apple does not compete with IBM's products.

Papermaster filed court papers that noted, "Until this litigation effort by IBM, aside from the divested IBM personal computer business and a single sale several years ago of Apple’s Xserve product to a university, I do not recall a single instance of Apple being described as a competitor of IBM during my entire tenure at IBM."

Apple's recent acquisition of PA Semi, a fabless chip design firm that had been working on PowerPC processors but which is now tasked with developing embedded chips for Apple's iPod and iPhone, resulted in some speculation about whether Papermaster might bring IBM's internal silicon expertise to Apple. In his most recent position, Papermaster was managing IBM's blade server division, which does not use IBM's Power architecture CPUs.

Last Friday, the court granted IBM a preliminary injunction to stop Papermaster from performing work for Apple just days after he reported to the company; a hearing on the matter is scheduled for next week. Until then, Apple's bio describing Papermaster as the company's senior vice president of Devices Hardware Engineering has been pulled. A copy is still visible from Google's cache, CNet News pointed out.

The yanked bio said Papermaster "leads the iPod and iPhone engineering teams, and reports directly to Apple's CEO." It also noted that Papermaster "has 25 years of product and technology experience, and was previously a vice president at IBM responsible for blade development including x86, POWER, storage blades, chassis, network electronics and associated ecosystem. He started his career in application-specific IC development circuit design at IBM’s Microelectronics Division, and had technical and management assignments in quality, CAD tool applications, and microprocessors."

[ View this article at AppleInsider.com ]

[Roger Knights]

Originally Posted by StormChaser

Why doesn't papermaster's wife set up a company then Apple can subcontract the company for a year. Papermaster will then not be EMPLOYED by Apple

That's thinking like a lawyer!

[StormChaser]

Why doesn't papermaster's wife set up a company then Apple can subcontract the company for a year. Papermaster will then not be EMPLOYED by Apple

Originally Posted by AppleInsider

Apple has taken down its bio for Mark Papermaster, the senior vice president of "Devices Hardware Engineering" that the company hired from IBM, signaling new uncertainty surrounding the position.

After being recruited by Apple, Papermaster was sued by IBM, his previous employer, under allegations that was violating a non-compete clause in his employment contract. IBM maintains that Papermaster is taking proprietary knowledge to Apple in order to develop directly competing technologies for a competitor. Papermaster says that his position at Apple does not compete with IBM's products.

Papermaster filed court papers that noted, "Until this litigation effort by IBM, aside from the divested IBM personal computer business and a single sale several years ago of Apple’s Xserve product to a university, I do not recall a single instance of Apple being described as a competitor of IBM during my entire tenure at IBM."

Apple's recent acquisition of PA Semi, a fabless chip design firm that had been working on PowerPC processors but which is now tasked with developing embedded chips for Apple's iPod and iPhone, resulted in some speculation about whether Papermaster might bring IBM's internal silicon expertise to Apple. In his most recent position, Papermaster was managing IBM's blade server division, which does not use IBM's Power architecture CPUs.

Last Friday, the court granted IBM a preliminary injunction to stop Papermaster from performing work for Apple just days after he reported to the company; a hearing on the matter is scheduled for next week. Until then, Apple's bio describing Papermaster as the company's senior vice president of Devices Hardware Engineering has been pulled. A copy is still visible from Google's cache, CNet News pointed out.

The yanked bio said Papermaster "leads the iPod and iPhone engineering teams, and reports directly to Apple's CEO." It also noted that Papermaster "has 25 years of product and technology experience, and was previously a vice president at IBM responsible for blade development including x86, POWER, storage blades, chassis, network electronics and associated ecosystem. He started his career in application-specific IC development circuit design at IBM’s Microelectronics Division, and had technical and management assignments in quality, CAD tool applications, and microprocessors."

[ View this article at AppleInsider.com ]

[trebron]

Originally Posted by Lafe

I think one of Mr. P's points is that IBM is not a "computer maker" (any more).
Therefore, he might as well be working for a grocery store . . .

Huh? Actually it would be impossible to argue that IBM is not a "computer maker" as they do make computers

[Chris_CA]

Originally Posted by StormChaser

Why doesn't papermaster's wife set up a company then Apple can subcontract the company for a year. Papermaster will then not be EMPLOYED by Apple

That would simply change the litigation from Apple to his wife's company.

[Chris_CA]

Originally Posted by ouragan

The non-competition agreement is valid for a period of one year only and Papermaster is paid by IBM throughout the one year period of his non-competition agreement to ensure compliance (so that he doesn't have to seek financial support elsewhere... )

Where are people getting that he will get paid for one year?

[Abster2core]

Originally Posted by Chris_CA

Where are people getting that he will get paid for one year?

It was a counter-offer described in the court documents submitted by IBM. See my comment in Post #3 above.

[Chris_CA]

Originally Posted by Abster2core

It was a counter-offer described in the court documents submitted by IBM. See my comment in Post #3 above.

$X00,000 a year to sit on the beach and drink daiquiris?
Is Apple (or that position) that good a company to work for to NOT do this?