OpenAI and the other defendants in Apple’s trade secret lawsuit are asking the court to strike two expert declarations and disregard other evidence Apple recently submitted. They argue that Apple used its reply brief to introduce new material that should have been presented earlier.
Apple sued OpenAI, Jony Ive’s io Products and former Apple employees Chang Liu and Tang Tan in July. Apple alleges that Liu accessed confidential engineering files after leaving the company and that Tan sought confidential information from Apple employees who were interviewing for jobs.
Apple Filed 126 Pages Of New Expert Material
Apple recently filed a reply supporting its request for a preliminary injunction, along with five expert declarations totaling 126 pages and 13 exhibits.
The declarations cover several areas involved in the case, including Apple’s security practices, forensic evidence from Liu’s devices, the value of its power-management trade secrets and the secrecy of its metal-finishing processes.
The experts named in the filing are Daniel Roffman, James Pooley, Dr. Ayman Fayed, Dr. Paul Hatch and Dr. Jude Runge.
OpenAI Says The Evidence Came Too Late
The defendants argue that Apple went beyond responding to their opposition and added new evidence and expert opinions that were available earlier.
They point to Jude Runge as an entirely new expert and argue that some of Ayman Fayed’s opinions could have been included in Apple’s original filing.
The defendants also challenge the timing and content of other declarations. They say James Pooley relied on an investigation conducted after Apple’s original motion, while Daniel Roffman introduced evidence that Apple already had before filing the motion.
They also argue that some of Chang Liu’s communications were presented without the full context.
Defendants Want Parts Of The Filing Struck
OpenAI and the other defendants are asking the court to strike two of Apple’s new declarations, including five exhibits attached to Roffman’s declaration.
They also want the court to disregard other evidence and opinions they say were improperly added with Apple’s reply.
The defendants have also asked for an alternative if the court decides to consider Roffman’s declaration and exhibits. In that case, they want the court to consider a new declaration from Liu explaining the messages and device activity Apple has cited in the case.
The Trade Secret Case Continues
Apple is seeking a preliminary injunction that would prevent OpenAI, io Products and the former employees from accessing, using, disclosing or soliciting Apple’s alleged trade secrets while the lawsuit continues.
The latest filing is focused on Apple’s evidence rather than deciding whether the underlying trade secret allegations are proven. The court will now consider the defendants’ objections as it reviews Apple’s request for a preliminary injunction.
