OpenAI has filed a new petition urging a court to throw out Apple’s trade secret misappropriation lawsuit with prejudice, a move that would bar Apple from refiling the same claims in the future. The filing was submitted alongside co-defendants Chang Liu, Tang Tan, and io Products, the hardware startup led by former Apple design chief Jony Ive.
The renewed effort reaffirms arguments the defendants raised earlier in the case, arguing that Apple has not met the legal standard required to sustain its trade secret claims.
How the Dispute Began
Apple filed suit several weeks ago, accusing two former employees of taking or accessing confidential company information after leaving. The complaint names Chang Liu and Tang Tan, along with OpenAI and io Products. According to Apple, the two former workers coached prospective hires on how to remove company information without tripping Apple’s security systems.
Beyond the core allegations, Apple has sought a preliminary injunction to prevent OpenAI and the other defendants from accessing, using, or disclosing the information it claims is proprietary while the case moves forward. The company also requested expedited discovery to more quickly establish the scope of the alleged misappropriation, which would help define the reach of any injunction.
The defendants responded by asking the court to dismiss the suit outright. They argued that Apple failed to identify protectable trade secrets with sufficient specificity, failed to plausibly allege that any defendant misappropriated them, and failed to demonstrate any resulting injury or ongoing harm.
Apple pushed back, stating that its complaint identifies specific trade secrets and specific acts of alleged misappropriation. The company accused the defendants of leaning on unrelated events to offer innocent explanations for conduct it says it never claimed. Apple pointed to OpenAI’s assertion that Tang Tan kept an Apple offboarding document only to help future hires comply with the company’s security requirements, and to the claim that Chang Liu accessed Apple information after his departure because former colleagues had asked for help.
What OpenAI Argues in the New Filing
In its latest brief, OpenAI contends that Apple’s rebuttal “confirms, rather than cures, the Complaint’s central defect.” The company argues that to state a claim under the federal Defend Trade Secrets Act (DTSA), Apple must connect three points involving the same information and the same defendant: what the specific asserted trade secret is, why that information qualifies for protection, and how a defendant improperly acquired, disclosed, or used it.
OpenAI says neither Apple’s complaint nor its opposition completes that chain, describing Apple’s claimed trade secrets as “vague categories and catch-alls.” It adds that Apple “cannot substitute attorney characterization for missing facts.”
The filing also accuses Apple of asking the court to “infer essential facts that are not alleged.” OpenAI acknowledges that Rule 12 permits reasonable inferences drawn from alleged facts but argues it “does not permit speculation to substitute for the missing” allegations.
A dismissal with prejudice, as requested by the defend
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Image: 9to5mac.com
