Computer World writes, "Apple's newest executive, barred last week by a federal judge from working at the California firm, has countersued IBM, his former employer, arguing that the non-competition agreement at the heart of the dispute is unenforceable and too broadly written.
Mark Papermaster, a 26-year veteran of IBM, filed a countersuit Thursday, less than a week after U.S. District Court Judge Kenneth Karas ordered him to "immediately cease his employment with Apple." Karas' temporary injunction on Nov. 7 was in response to a lawsuit IBM filed in late October, when the computer company charged Papermaster with violating a 2006 non-competition deal by accepting a position at Apple to head its iPod and iPhone development.
In the countersuit, Papermaster again argued that Apple and IBM are not really rivals. "Apple and IBM are not significant competitors," he said in the filing. "IBM primarily provides business services, while Apple's primary business is the design, manufacturing and marketing of consumer electronic products." "