IBM Resolves Lawsuit against Former Employee Mark D. Papermaster

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ARMONK, N.Y. - 27 Jan 2009: IBM (NYSE: IBM) announced today that it has resolved its lawsuit against former IBM employee, Mark D. Papermaster, on terms that protect IBM’s proprietary and confidential information.

After Mr. Papermaster left IBM to begin employment with Apple Inc., a federal district court granted IBM’s request for preliminary injunctive relief and ordered that Mr. Papermaster immediately cease employment with Apple Inc. pending further order of the Court.

IBM and Mr. Papermaster have now agreed on a resolution of the lawsuit under which Mr. Papermaster may not begin employment with Apple untilApril 24, 2009, six months after leaving IBM, and will remain subject thereafter to all of his contractual and other legal duties to IBM, including the obligation not to use or disclose IBM’s confidential information. Following commencement of his employment with Apple, Mr. Papermaster will be required to certify, in July 2009 and again in October 2009, that he has complied with his legal obligations not to use or disclose IBM’s confidential or proprietary information. The preliminary injunction will be replaced by a court order under which the Court will have continuing jurisdiction over this matter, including compliance enforcement powers, until October 24, 2009, one year after Mr. Papermaster’s departure from IBM.

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