Update on Developments in IBM v. Papermaster “Inevitable Disclosure” Case

As readers of our previous posts may recall, in November 2008, Judge Kenneth Karas of the Southern District of New York granted IBM’s motion to preliminarily enjoin one of its former high-level employees, Mark D. Papermaster, from working for Apple. Finding that “it is likely that Mr. Papermaster inevitably will draw upon his experience and expertise … he gained from his many years at IBM,” Judge Karas reaffirmed the viability of the “inevitable disclosure” doctrine. Int’l Business Machines Corp. v. Papermaster, No. 08-CV-9078 (KMK), 2008 WL 4974508, at *9 (S.D.N.Y. Nov. 21, 2008). 

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