The countersuit asserts the noncompetitive agreement "is unreasonably broad in that it purports to impose an unreasonably lengthy time limitation. In the world of technology, any trade secrets that Mr. Papermaster possesses would lose their value prior to the expiration of a year."

Papermaster says the noncompetitive agreement is flawed in another way. The agreement says that it is "governed by, and construed in accordance with, the laws of the State of New York," but he worked in Texas and Apple is in California. Both of those states hold such noncompetition agreements are unenforceable.

When he accepted the job at Apple, Papermaster said he signed an Intellectual Property Agreement in which he agreed not to disclose or bring onto Apple property any "confidential, or proprietary, or secret information" of IBM.

Papermaster is seeking a declaratory judgement that the Noncompetition Agreement is unreasonably overbroad and unenforceable.