International Business Machines Corporation v. Papermaster

Filing 21

DECLARATION of Stephen S. Madsen ("Supplemental Declaration") in Support re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 to Supplemental Declaration of Stephen S. Madsen, # 2 Exhibit 2 to Supplemental Declaration of Stephen S. Madsen, # 3 Exhibit 3 to Supplemental Declaration of Stephen S. Madsen, # 4 Exhibit 4 to Supplemental Declaration of Stephen S. Madsen, # 5 Exhibit 5 to Supplemental Declaration of Stephen S. Madsen, # 6 Exhibit 6 to Supplemental Declaration of Stephen S. Madsen, # 7 Exhibit 7 to Supplemental Declaration of Stephen S. Madsen, # 8 Exhibit 8 to Supplemental Declaration of Stephen S. Madsen)(Madsen, Stephen)

International Business Machines Corporation v. Papermaster

Doc. 21

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff,
vs.

08 Civ. 9078 (KMK) SUPPLEMENTAL DECLARATION OF STEPHEN S. MADSEN

M A R K D. PAPERMASTER, Defendant.

I, Stephen S. Madsen, declare as follows: 1. I am a member of Cravath, Swaine & Moore LLP, counsel for

plaintiff International Business Machines Corporation ("IBM"), and am a member of the Bar of this Court. I submit this supplemental declaration in further support of plaintiff's motion for a preliminary injunction. 2. A true and correct copy of selected pages of IBM's 2007 Annual

Report on Form 10-K (Feb. 26, 2008) is attached hereto as Exhibit 1. 3. A true and correct copy of Tom Krazit, Apple Hires Top IBM Chip

Designer and Blade Server Guru, CNet News, Oct. 30, 2008, http://news.cnet.com/ 8301-13579_3-10079494-37.html, is attached hereto as Exhibit 2. 4. A true and correct copy of Steven Burke, Five Reasons IBM Is

Scared of Losing Exec to Apple, The Channel Wire, Oct. 31, 2008, http://www.crn.com/ hard ware/211800562, is attached hereto as Exhibit 3. 5. A true and correct copy of Prince McLean, Apple Recruits Top Chip

Designer, IBM Responds with Suit, Applelnsider, Oct. 30, 2008,

Dockets.Justia.com

http://www.appleinsider.com/articles/08/10/30/apple_recruits_top_chip_designer_i bm_responds_with_suit.html, is attached hereto as Exhibit 4. 6. A true and correct copy of Hoover's Report, Apple Computer, Inc.

(2006), is attached hereto as Exhibit 5. 7. A true and correct copy of selected pages of Merrill Lynch, Global

Contenders & Defenders (Nov. 3, 2008), is attached hereto as Exhibit 6. 8. A true and correct copy of a translation of the decision rendered in

De Mos/IBM Nederland NV, No. 968215 KK EXPL 08-639 [District Court of Amsterdam], 13 Aug. 2008 (Neth.), is attached hereto as Exhibit 7. 9. A true and correct copy of Press Release, Apple Inc., Mark

Papermaster Joins Apple as Senior Vice President of Devices Hardware Engineering (Nov. 4, 2008), http://www.apple.com/pr/library/2008/ll/04papermaster.html, attached hereto as Exhibit 8. is

I declare under penalty of perjury that the foregoing is true and correct. Executed: November _/, 2008 New York, New York

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