Mark Papermaster must check in with his old employer IBM if he believes he’s using IBM technology at Apple according to the terms of the settlement that was reached between him and IBM.
“To the extent that Mr. Papermaster has a question as to whether any information he intends to or may disclose or otherwise use in any way is IBM confidential information Mr. Papermaster will raise such question with IBM before any disclosure or use of that information,” Judge Kenneth Karas wrote in a consent order filed Tuesday in U.S. District Court in Manhattan.
What’s more, the settlement dictates that IBM, and only IBM, gets to decide if the techniques in question derive from its intellectual property, and its decisions are not subject to appeal — even to the court. IBM’s determination “shall be final and binding and not subject to review in any way,” Karas wrote.
Papermaster must also submit to IBM, on two occasions prior to Oct. 15, a declaration, written under penalty of perjury that states that he’s not using confidential IBM material in his role at Apple
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