OpenAI counters Apple trade secrets suit: Apple's own security lapses enabled access

Apple filed a trade secrets lawsuit against OpenAI in July, alleging that the AI company had orchestrated a scheme to obtain confidential hardware information from former Apple engineers. The complaint has now prompted OpenAI to file a motion to dismiss, along with newly filed exhibits that detail the company's legal defense strategy.

Rather than deny that former Apple employees accessed certain information, OpenAI's motion argues that Apple's own security and offboarding practices are so deficient that they undermine Apple's ability to claim the information qualifies as legally protected trade secrets. OpenAI points to several specific failures: Apple allowed employees to use personal iCloud accounts for work-related purposes, and the company failed to properly revoke access to these accounts after employees departed. OpenAI also submitted text message records showing that an Apple manager remained logged into the personal iCloud account of defendant and former Apple engineer Chang Liu even after he left the company; the manager used this access to transfer files and later asked Liu for help with technical questions about Apple projects. According to OpenAI, these "inexplicable information-management practices" created confusion and unwanted access issues that Apple now characterizes as theft.

OpenAI further argues that Apple has been vague about what was actually stolen. The motion states that Apple hasn't specified which trade secrets or confidential components were allegedly taken, instead referring to them in "generic categories of the product-development process—such as component manufacturing, product testing, vendor and supplier relationships, and distribution channels." OpenAI contends that such broad, unspecific categories cannot qualify as protected trade secrets.

OpenAI's filing also reframes the narrative, arguing that former Apple employees who moved to OpenAI were simply trying to assist their prior colleagues, not executing a coordinated theft scheme. The motion states: "OpenAI has no use, need or desire for Apple's trade secrets. OpenAI is building something entirely new and different from anything at Apple." It emphasizes that OpenAI's interest in hiring former Apple engineers stems from their talent and the company's work in AI innovation, not from a desire to steal proprietary information. OpenAI suggests the lawsuit is pretextual, arguing that "Apple should not be permitted to use a baseless and pretextual lawsuit to make up for its shortcomings in the market for talent and retaining its employees, and its failures to integrate AI into its products."

Meanwhile, Apple has responded by asking the court to expedite discovery, citing an internal investigation indicating that additional former employees may have participated in or witnessed the alleged theft of trade secrets. The case remains in early stages, with OpenAI's motion to dismiss now before the court.