OpenAI has formally asked a federal judge to dismiss Apple's lawsuit alleging trade secret theft, characterizing the claims as "baseless and pretextual." In a filing submitted on Wednesday, OpenAI argued that Apple has failed to adequately identify what constitutes a protectable trade secret and has not plausibly alleged any misappropriation. The AI company contends that Apple is using the lawsuit to deflect attention from its own struggles in the artificial intelligence market and its difficulties in retaining employees.
Apple filed its suit in July, accusing OpenAI and two former Apple employees, Chang Liu and Tang Tan, of systematically stealing confidential information and trade secrets. Apple alleged that a former employee exploited an authentication bug, that OpenAI solicited proprietary hardware from job candidates, and that OpenAI leadership normalized such conduct. The iPhone maker sought a preliminary injunction to prevent OpenAI and the former employees from accessing or disclosing alleged confidential information.
In its motion to dismiss, OpenAI asserts that Apple's allegations mischaracterize the actions of its employees and that the information Apple claims as trade secrets are merely generic product development details. OpenAI stated that it has "no use, need or desire for Apple's trade secrets" and is "building something entirely new and different from anything at Apple." The company also claims that Apple has not demonstrated reasonable efforts to maintain the secrecy of the information in question.
OpenAI has publicly refuted Apple's claims, publishing excerpts of internal messages and legal correspondence it says contradict Apple's narrative. The company highlighted instances where Apple's legal counsel allegedly contacted the wrong OpenAI personnel due to name confusion, and suggested Apple's initial outreach was not as Apple described. OpenAI also presented messages that it claims show former Apple employees reaching out to Chang Liu for assistance after his departure, rather than Liu proactively providing information to OpenAI. Regarding Tang Tan, a former Apple VP of product design, OpenAI stated that his actions during recruiting were in line with industry standards and that he used his knowledge of Apple's offboarding procedures to ensure new hires adhered to them.
The filing also criticizes Apple's own security practices, suggesting that the company's allowance of personal iCloud accounts for work and review of personal messages on company devices blurred the lines of corporate data. OpenAI's legal team reportedly used the word "fail" nearly 50 times in its 31-page motion, framing the case as Apple's attempt to cover its own AI shortcomings.
Apple's lawsuit and OpenAI's response indicate a hardening of positions, suggesting a potentially lengthy and significant legal dispute. Apple is currently pursuing a preliminary injunction, with a court hearing scheduled for October 1. The broader case could extend for several years.