Tuesday, Apple Incorporated announced it was going to hire Mark Papermaster, a former IBM executive, as their new device engineer for the company’s iPod and iPhone hardware engineering groups.

Papermaster is set to replace Tony Fadell, senior vice president for Apple’s iPod division, who is scheduled to remain at the company to serve as Chief Executing Officer (CEO) Steve Jobs’ advisory. Fadell was hired by Apple Inc. back in 2001 on a contractor position to design the original iPod, having later become an iPod group exec, while in 2006, he was named senior vice president in the iPod division.

Nevertheless, Apple is currently facing a lawsuit filed by IBM last Thursday, in an attempt to keep Mark Papermaster from moving to the competition, on the grounds of a noncompete agreement the former exec has signed with the „Big Blue.” The latter states that he is not to take up a job with a competitor within a year following his parting ways with IBM.

Papermaster has served as the aforementioned company’s head of the technology development department, having also played a major role in designing IBM’s Power microprocessors.

Before leaving the “Big Blue,” he was vicepresident for the company’s Blade Development unit, a position he resigned from only two weeks ago.

The legal action was filed at the United States District Court in Manhattan.

Apple, by limiting Papermaster’s role as senior vice president for the iPod and iPhone hardware engineering groups due to the fact that they are planning to keep the former senior vice president within the company, is now trying to prevent the lawsuit from moving any further.