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November 8, 2008, 6:37 am

The Papermaster chronicles: An Apple vs. IBM timeline

IBM court papersSteve Jobs’ high-profile raid on IBM’s managerial ranks hit a snag on Friday.

A judge in White Plains, N.Y., ordered Mark Papermaster — IBM’s (IBM) former top microprocessor executive and Apple’s (AAPL) newest senior VP — to immediately stop working for Jobs.

It’s the latest chapter in a bi-coastal drama that pits one of the world’s largest and most established technology companies against one of the brashest. Here’s a timeline:

  • January 2008: Robert Mansfield, Apple’s VP for computer hardware development, includes Papermaster’s name in a short list of possible hires. The two were classmates at the University of Texas at Ausin and both worked at IBM.
  • February 2008: Papermaster is invited to Cupertino to meet Jobs and discuss an unnamed “senior leadership position” involving product development in consumer electronics.
  • A few weeks later, Apple calls to say the senior leadership position is no longer open and offers him a less senior position in laptop design. He declines.
  • April 2008: Apple acquires P.A. Semi (formerly Palo Alto Semiconductor), a maker of power-efficient processors based on IBM’s “Power” architecture.
  • September 2008: Papermaster, whom IBM in court papers describes as the company’s “top expert in ‘Power’ architecture and technology” [PDF], gets another call from Apple. Steve Jobs wants to talk to him.
  • Oct. 7: Papermaster meets with Jobs, Tony Fadell (head of the iPod and iPhone division), and others. He’s told that Fadell is leaving, and that Jobs is looking to replace him. The next day, Papermaster meets with Fadell’s team.
  • Friday Oct 10: Jobs makes Papermaster an offer he can’t refuse — a “once in a lifetime opportunity” to head the iPod and iPhone division.
  • Monday Oct. 13: Papermaster informs his superiors at IBM that he intends to accept the job. They tell him they suspect Apple’s interest in him has something to do with P.A. Semi.
  • Monday Oct. 20: IBM offers Papermaster a “substantial increase” to persuade him to stay.
  • During the same conversation, IBM reminds Papermaster that he has signed an agreement that bars him from working for an IBM competitor for one year. [PDF] It offers Papermaster a year’s salary if he will respect the agreement. Papermaster says he needs time to think it over.
  • Tuesday Oct. 21: Papermaster submits his resignation the next day. He is scheduled to leave the company at week’s end and start working for Apple in November.
  • Wednesday Oct. 22: IBM files a 10-page complaint in the Southern District of New York to prevent Papermaster, “who is in the possession of significant and highly-confidential IBM trade secrets and know-how” from accepting an executive position with Apple. IBM describes Apple as a competitor that is trying to expand its presence in the markets for servers and chips for handheld devices.
  • Tuesday Nov. 4: After the Wall St. Journal breaks the story, Apple issues a press release announcing that Papermaster had been named senior VP of devices hardware engineering to lead the iPod and iPhone division, the job formerly held by Tony Fadell (see here). Neither chips nor servers are mentioned.
  • Thursday Nov. 6: Papermaster files court papers arguing that Apple and IBM are in totally different businesses — one focused on high-performance business systems, the other on consumer-oriented hardware and related products. [PDF]
  • Friday Nov. 7: Robert Cringely publishes a column echoing the conventional wisdom in Silicon Valley — that Papermaster’s position as head of the iPod and iPhone division is a subterfuge, a “placeholder” until his noncompete year is up and he can take the job for which he was really hired: “to lead Apple’s PA Semi acquisition and create a new family of scalable processors optimized for Snow Leopard and beyond.”
  • Later that afternoon: Federal District Judge Kenneth Karas in White Plains grants IBM a preliminary injunction, ordering Mark Papermaster to “immediately cease his employment with Apple Inc. until further order of this court.” [PDF] IBM PR expresses satisfaction. Apple PR expresses confidence that Papermaster “will be able to ultimately join Apple when the dust settles.” (link) Papermaster cannot be reached.

Papermaster’s lawyers have until Tuesday Nov. 11 to submit objections. A hearing is set for November 18.

Not too many people know that Apple worked very closely with ARM well before they became the de facto embedded mobile core. Apple was instrumental to the development of the ARM 6 core, the precurser to the lower powered and far cheaper ARM 7 TDMI that really put ARM on the map. If steve had been CEO at the time, you better believe he would have bought ARM. Alas, ARM is now entirely untouchable: any company trying to buy them would be hit by a hundred lawsuits before they could blink.

This probably keeps Steve Jobs up at night. Apple could have been the Commodore of mobile computing. Commodore back in the day acquired MOS, the makers of the famous 6502 microprocessor that was used in the commodore 64, the Apple 2 and even the NES. This vertical integration gave Commodore a nearly insurmountable competitive advantage, which they famously squandered through incompetence. Apple could have had a similarly desirable position, but with better men at the helm.

But failure breeds motivation. Apple is now assembling a juggernaut of microprocessor design talent. First PA Semi, now Papermaster. They will be making a big move very soon, possibly as soon as next year, when the 3rd iphone launches. 2009 will be a huge year for mobile microprocessors as it is. ARMs Cortex A8 will finally be shipping in mainstream products, as will Power VRs SGX graphics core. It would be quite the coup if Apples next iphone had a custom ARM A8+SGX core designed by their PA semi acquisition. Apple is putting themselves into an unassailable position, not just with software and the app store, but now with hardware as well. They are making this look easy.

Posted By labrats5, New York NY : November 11, 2008 12:17 am

How can you be held under a contract after your employment is terminated ? A company can’t have it both ways - if they want you to work for them, they pay you. If they don’t pay you, you can work for someone else ! Who that ’someone else’ is, that should be entirely your own decision - anything else is a violation of your human rights.

Land of the free, my arse !

Posted By Andy, UK : November 10, 2008 12:47 pm

Non-competes are very difficult to enforce. IBM will have to PROVE that Papermaster is working on projects directly related to his previous position as a PowerPC chip architect at IBM. Given that he will be leading the iPod and iPhone division, it will be impossible for IBM to have the non-compete enforced. Now, had Papermaster immediately started as the head of the PA Semi division of Apple, then there might be merit.

However, with California being a right-to-work state, IBM will have to PROVE substantial financial harm caused by Papermaster’s employment by Apple.

Posted By Dallas, TX : November 10, 2008 11:53 am

Non-compete agreements are rarely upheld in court in this type of scenario. Even a company with IBM’s broad scope and scale would be hard pressed to prove that Apple is 1) a significant competitor, especially in the area of consumer devices and 2) losing IP and / or trade secrets from Papermaster’s departure as the “residuals” - the IP in Papermaster’s head - is exempt from any kind of legal action now and in the future. I predict that this lawsuit will delay but not prevent Papermaster joining Apple.

Posted By Wendell Y., Toronto, ON : November 9, 2008 9:49 pm

Funny to see Big ol’ IBM afraid of little ol’ Apple!

Posted By Elle C. Dallas Texas : November 9, 2008 11:32 am

Tom B., look closer: The suit was filed in Federal court.

Posted By John Doe New York, NY : November 9, 2008 11:18 am

Non-competes are unenforce and I doubt an injunction from a NY judge would carry any water in California. But I’m not a lawyer…..

Posted By Tom B, Durham, NC : November 8, 2008 4:48 pm

Apple has $25 Billion in the bank… You bet IBM cares! Apple could steal a lot of talent with that kind of cash.

Posted By Darrel P. San Jose CA. : November 8, 2008 4:26 pm
Posted By Alice S. Palo Alto CA. : November 8, 2008 4:17 pm

paul said “where have you been the last 2 years. they are up in the 20’s now or close to it.” On what planet? Dude, you gotta put down the pipe! Apple owns just under 10% of the PC market as of October. Here’s my source: http://arstechnica.com/journals/apple.ars/2008/10/16/apple-continues-to-outperform-the-overall-pc-market-tops-9

Posted By Tom, Philadelphia, PA : November 8, 2008 4:15 pm

They may only have 3% of the market but don’t forget they have $25 Billion in the bank and growing… This is not the Apple of yesteryear.

Posted By Dan C. Cleveland OH : November 8, 2008 4:14 pm

i can only imagine this situation will make it more difficult or IBM to hire top talent. who would want to go to IBM if they knew that they wouldn’t be allowed to make a living for a year if things didn’t work out.

Posted By jay l, philadelphia, pa : November 8, 2008 4:06 pm

less than 3% of the pc market!? where have you been the last 2 years. they are up in the 20’s now or close to it. expect to see great things from apple once papermaster gets to his real job at apple, overseeing the P.A. Semi aquisition.

Posted By paul, long beach,ny : November 8, 2008 2:37 pm

With less than 3% of the PC market who cares about apple?

Posted By BG, Seasttle, WA : November 8, 2008 12:39 pm

Fascinating. this article, itself shows that Apple is not a competitor, but that it can become a competitor:

“that Papermaster’s position as head of the iPod and iPhone division is a subterfuge, a “placeholder” until his noncompete year is up and he can take the job for which he was really hired: “to lead Apple’s PA Semi acquisition and create a new family of scalable processors optimized for Snow Leopard and beyond.””

Since when do noncompete clauses include companies that may become competitors.

Posted By jimk, Austin, Texas : November 8, 2008 12:31 pm

Way to go Steve! Lets pick up the papermaster as soon as possible at least within the year. I sense Apple is on the right track with things, keep up the great work and the fantastic ideas and the well integrated solutions coming.

Posted By Dave Bissett, Saskatoon SK. : November 8, 2008 12:12 pm

@rd4sndk

It was the Yale dean, not Harvard president.

http://www.macobserver.com/article/2008/10/23.6.shtml

Posted By TimboM, Madison, WI : November 8, 2008 11:47 am

Having used Mac OS X series and closely watched Apple’s move in operating system market for five years, I can clearly see that Apple’s going towards the server market. When Apple released Leopard in October 2007, it really emphasized on Leopard Server’s features and strengths by saying it is “easy to use … and embedded Unix system.”

Apple knows that server market is very profitable, so there’s no doubt Apple is trying to take some share in there. Currently, however, Apple’s server technology is lagging much behind that of IBM and Microsoft. The easiest way to catch up their technologies is to entice their top experts to work at Apple, which Apple has been doing in past two years.

Posted By MD : November 8, 2008 10:42 am

CA is a right to work state and does not enforce non-competes.

Posted By Boston, MA : November 8, 2008 9:20 am

I can’t amagine Apple taking on IBM and Intel in the processor wars. It’s more plausible that Apple sees the future in mobile computing where volumes and market growth is greatest. The competition for mobile computers is limited and less risky than PCs. I can see Apple leapfrogging the world in developing a mobile computer that’s much more power efficient and delivers approximate PC performance. The numbers for this computer are in the 100’s of millions at tens of dollars each. Servers and laptop numbers are in the 10’s of millions at 3 to 4 times that of mobile.

Its no coincidence that Apple just hired Havard Presendent and now Papermasters. These two signify that Apple is looking to present to universities a compelling means for teaching, learning and communicating. What’s at stake, digital books, digital lectures and digitizing all forms of presentations, development and discussions. All of which whose content can be placed on itunes or the apps store.

While the world is worrying about gaming markets, laptops and the PC evolution, Apple is building a new computer paradigm for the 21 century.

Posted By rd4sndk, Miami Fl : November 8, 2008 8:12 am
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Philip Elmer-DeWittSilicon Valley veterans like to joke that Steve Jobs must be surrounded by a reality distortion field; if you get too close to him, you start to believe what he's saying. Thanks to the success of the iPod, the launch of the iPhone and the renewed interest in the Mac, Apple has made believers out of millions of customers - and made a lot of investors rich. But Philip Elmer-DeWitt believes that an ounce of skepticism never hurts when writing about the company. He should know. He's been covering Apple - and watching Steve Jobs operate - since 1982, first for Time Magazine, then for Business 2.0, and now for Fortune.
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