Apple Accuses OpenAI of Improperly Adding New Arguments and Testimony to Trade Secrets Case

9to5Mac•Published: Oct 6, 2026 07:13 AM IST

Apple has filed a response accusing OpenAI and other defendants of violating court rules by introducing new arguments and testimony in their response to a preliminary injunction request. The legal dispute centers on allegations that former employees and OpenAI misappropriated Apple trade secrets concerning hardware development.

Preliminary Injunction: Apple requested a court order to prevent its trade secrets from becoming further embedded in OpenAI’s hardware development during the lawsuit.
Expert Declarations: Apple previously supported its reply brief with five expert declarations, prompting defendants to object to the introduction of new evidence.
Rule Violations: Apple argues that the defendants exceeded permitted objections by including new testimony, such as a declaration from former employee Chang Liu explaining wiped data, and violating page limits.
Full Record Request: Apple contends that because the defendants effectively submitted an unauthorized sur-reply, the court should evaluate the preliminary injunction motion on the full, combined record.

The Context & Background

The ongoing legal battle involves Apple, former employees Chang Liu and Tang Tan, OpenAI, and io Products, with oral arguments scheduled before the court on October 14. Why it matters: This high-stakes legal battle highlights the fierce competition and growing legal friction between major tech giants over proprietary artificial intelligence and hardware technology. The court's handling of these procedural disputes and the preliminary injunction could set important precedents for how trade secret misappropriation cases involving AI companies are litigated.

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