Mark Papermaster, who left IBM to join Apple, has countersued IBM after they hit him with a non compete clause in his contract prohibiting him from working for a competitor. Apple had hoped to resolve the problem as they don’t believe they’re a competitor for IBM, as Papermaster was to work on the iPod and iPhone range.

Papermaster joined Apple in the beginning of the month, as the senior vice president of devices hardware engineering. IBM immediately sued saying that Papermaster wasn’t allowed to work for Apple because it breached a contract he had signed in 2006.

The court has ruled that Papermaster had to stop work until the case could be resolved. Papermaster claims that IBM has no case because they are under New York law, and Papermaster isn’t based in NY.

The filing from Papermaster stated:

Mr Papermaster has no substantial relationship to New York, in that he has resided and worked in Texas for the past 17 years, and he is going to work for Apple, which is a California corporation. Both states hold that such non-competition agreements are unenforceable as a matter of public policy.