
OpenAI has asked a federal judge to dismiss Apple's lawsuit alleging that the ChatGPT maker stole trade secrets through former Apple employees who downloaded confidential documents.
OpenAI argues the allegations are baseless, mischaracterizing normal employee recruitment and generic product development information.
Arguments on the dismissal motion are set for October 1st, while Apple has separately requested a preliminary injunction to restrict access to the allegedly stolen materials during the case.
What happened
OpenAI filed a motion to dismiss Apple's July lawsuit, which accused the ChatGPT maker of theft after former Apple employees downloaded confidential documents for OpenAI's hardware development. OpenAI characterizes the allegations as 'meritless,' arguing Apple mischaracterized routine employee actions as theft and generic product information as trade secrets.
Why it matters
Apple is one of the rare large tech companies publicly challenging an AI startup over employee movement and intellectual property. OpenAI's aggressive rebuttal—including a Tuesday blog post titled 'Apple is getting this wrong'—signals that even marquee companies face pushback when suing rivals for poaching talent. The case may set a precedent for how courts weigh employee mobility against corporate secrecy claims in the AI race.
What to watch
A federal judge is scheduled to hear arguments on OpenAI's dismissal motion on October 1st. Apple has also requested a preliminary injunction to block OpenAI and the named employees from accessing, acquiring, using, or disclosing the alleged confidential information while the lawsuit continues.
Apple sued OpenAI in July, alleging that former Apple employees who joined the ChatGPT maker stole confidential documents to accelerate OpenAI's hardware development. The lawsuit names Chang Liu, a former Apple staffer now at OpenAI, as having downloaded confidential files after his departure. Apple contended that this move violated employee duties and constituted misappropriation of trade secrets that could benefit OpenAI's competitive position.
OpenAI's legal team filed a motion yesterday requesting that a federal judge dismiss the complaint entirely. In the filing, OpenAI attacks the suit on multiple grounds: that Apple has mischaracterized employee actions as theft, that the documents in question are generic product development information rather than true trade secrets, and that Apple made insufficient efforts to maintain secrecy around the materials. OpenAI argues specifically that Chang Liu was simply helping ex-colleagues who requested his assistance, not orchestrating a heist. The motion draws language from a blog post OpenAI published on Tuesday, in which the company described the lawsuit as "careless, aggressive, and oddly personal," and now repeats the phrase "rotten to its core" in the formal dismissal request.
OpenAI frames the lawsuit as a tactic by Apple to mask its own failures. "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," OpenAI states. The company emphasizes that it is "building something entirely new and different from anything at Apple" and that its appeal to engineers and creators lies in "the innovative and exciting work the company is doing," not in stolen secrets.
The legal process will move forward with arguments on OpenAI's dismissal motion scheduled for October 1st before a federal judge. In parallel, Apple filed a request on Monday for a preliminary injunction that would prohibit OpenAI and the named employees from accessing, acquiring, using, or disclosing the alleged confidential information while the lawsuit proceeds. This dual-track approach—seeking both dismissal and injunctive relief—reflects Apple's determination to block any use of the materials even if the full case ultimately survives initial judicial scrutiny.
Apple filed its lawsuit in July as one of the few major tech firms to publicly challenge an AI company over trade secret theft tied to employee recruitment. The case centers on former Apple staff, particularly Chang Liu, who allegedly downloaded confidential files after joining OpenAI to support the startup's hardware ambitions. Apple's legal position rests on the claim that this constitutes misappropriation of trade secrets and reflects a breach of employee duties.
OpenAI's response has been forceful. Beyond the dismissal motion filed yesterday, the company published a blog post on Tuesday titled "Apple is getting this wrong," characterizing the lawsuit as "careless, aggressive, and oddly personal." In the formal motion, OpenAI argues that Apple has failed to investigate properly, cherry-picked communications, and miscast ordinary hiring and product development as theft. OpenAI further contends that Apple made no reasonable efforts to keep the information truly secret, and that the documents in question are generic product development materials rather than genuine trade secrets. The company also frames Apple's lawsuit as retaliation for losing talent to a competitor, stating: "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."
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