OpenAI Calls Apple's Trade Secrets Lawsuit 'Careless and Oddly Personal' as Legal Battle Escalates

Reviewed byNidhi Govil

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OpenAI has fired back at Apple's trade secrets lawsuit, calling it 'careless, aggressive and oddly personal' while filing a motion to dismiss. The AI company argues Apple's own security lapses allowed former employees access to systems, and that more than 400 ex-Apple workers now at OpenAI were simply attracted by innovative AI work.

OpenAI Denies Theft, Challenges Apple's Claims

OpenAI has filed a motion to dismiss Apple's trade secrets lawsuit, describing the allegations as "meritless" and "rotten to its core."

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In a strongly worded blog post published Monday evening, the ChatGPT maker stated it does not have, nor wants, any of Apple's trade secrets, accusing the iPhone maker of "making vague accusations" and waging a "careless, aggressive and oddly personal lawsuit."

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The legal battle marks a significant escalation between two tech giants increasingly encroaching on each other's territory as OpenAI ventures into consumer products and Apple partners with Google to revamp its Siri voice assistant.

Source: MacRumors

Source: MacRumors

Apple's Security Practices Under Scrutiny

Rather than focusing solely on whether former Apple employees accessed certain information, OpenAI's defense strategy targets Apple's own security practices and offboarding procedures.

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The AI company argues that Apple allowed employees to use personal iCloud accounts for work and failed to properly revoke access after they left the company. OpenAI submitted text message records showing that an Apple manager remained logged into the personal iCloud account of defendant Chang Liu after he departed, transferring files and later asking him for help with technical questions about Apple projects.

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This "residual access" issue, OpenAI contends, undermines Apple's claim that the information qualifies as legally protected trade secrets.

The Case Against Chang Liu and Tang Tan

Apple filed its lawsuit in July, alleging that more than 400 of its former Apple employees now work at OpenAI.

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The complaint specifically names Chang Liu, a former employee who worked on some of Apple's "most sensitive product development programs," accusing him of accessing Apple's trade secrets after leaving the company in January.

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Apple also named OpenAI's chief hardware officer Tang Tan, a 24-year Apple veteran, whom it accused of seeking out proprietary information when interviewing Apple's employees.

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However, OpenAI claims that Apple employees themselves contacted Liu and asked for his help to locate information, something the iPhone maker "only now admits."

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Apple Seeks Preliminary Injunction and Expedited Discovery

Apple on Monday sought a preliminary injunction in the US to prevent former employees and OpenAI from accessing, using or disclosing its trade secrets.

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The company also filed a second motion asking the court to expedite discovery and order several OpenAI employees, including Liu and Tang Tan, to sit for depositions.

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In its filing requesting expedited discovery, Apple claims its continued investigation has revealed 11 other former Apple employees beyond Liu and Tan may have been witnesses or otherwise involved in the case.

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Apple alleges that one former employee met with Liu and discussed Apple proprietary information relating to unannounced products before an interview at OpenAI, while another took screenshots of confidential Apple documents relating to an unannounced Apple product before interviewing.

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Communication Missteps and Competing Narratives

OpenAI released selected text and email exchanges to support its claim that Apple made mistakes in the lead-up to filing its lawsuit.

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According to OpenAI, Apple's lawyers "emailed the wrong person after confusing two Asian last names" and "claimed they had a discussion with our General Counsel, which they now concede never happened."

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The AI company states that Apple "never raised the specific allegations in this lawsuit at that time" and "in fact told us that they were 'resolving any issues'. We then heard nothing for five months until they sued."

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Apple's outside counsel Gabriel Gross appeared to have initially contacted the wrong person at OpenAI in February about Apple's concerns, according to emails OpenAI released.

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Source: Wccftech

Source: Wccftech

What Information Counts as Trade Secrets?

OpenAI argues that Apple hasn't specified which "trade secrets" or confidential components were allegedly stolen, referring to them instead as "generic categories of the product-development process -- such as component manufacturing, product testing, vendor and supplier relationships, and distribution channels."

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This argument aims to strengthen OpenAI's position that the misappropriated confidential information wasn't truly trade secrets if Apple didn't secure it properly. OpenAI contends that Apple is mischaracterizing both the actions of the AI startup's employees as theft and "generic" product development information as trade secrets.

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Talent Wars and AI Hardware Development

The dispute intensified after OpenAI last year acquired io, the design studio founded by former Apple design chief Sir Jony Ive, and hired a string of Apple employees.

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OpenAI's filing posits that Apple is using this lawsuit to slow down its competitor from innovating in AI hardware development, rather than focusing on its own product plans.

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"OpenAI has no use, need or desire for Apple's trade secrets," the motion argues. "OpenAI is building something entirely new and different from anything at Apple. OpenAI does have an interest in hiring the best engineers, inventors, developers and creators -- many of whom have decided to leave Apple and to come to OpenAI, attracted by the innovative and exciting work the company is doing."

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The case could have significant ramifications for OpenAI, which is gearing up to launch its first AI hardware device.

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What Happens Next

The judge is set to hear arguments on OpenAI's motion to dismiss on October 1st.

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Meanwhile, Apple's request for a preliminary injunction seeks to prevent OpenAI and the employees named in the complaint from accessing, acquiring, using, or disclosing alleged confidential information while the lawsuit moves ahead. OpenAI maintains that Apple's request for a preliminary injunction is "both based on false information and completely unnecessary because we do not have, nor want, any of their trade secrets."

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As this legal battle unfolds, watch for how the court weighs Apple's intellectual property claims against OpenAI's arguments about talent retention and corporate espionage versus poor security practices. The outcome could shape how tech companies protect proprietary information and manage employee transitions in the competitive AI integration landscape.

Source: Digit

Source: Digit

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