OpenAI has fired back at Apple's trade secrets lawsuit with a detailed public response, publishing emails and messages it says undermine the allegations. The response, posted overnight on August 4, comes nearly a month after Apple filed suit against the ChatGPT maker in July. Apple accused OpenAI of systematically stealing trade secrets related to hardware development through former Apple employees. OpenAI's latest statement goes beyond its earlier brief denials, offering what it calls receipts to support its side of the story.
Background: How the lawsuit unfolded
Apple's complaint was filed on July 10. It alleged that former Apple employees who moved to OpenAI took confidential hardware information with them and used it to benefit their new employer. On the same day, OpenAI issued a short statement: “We have no interest in other companies' trade secrets. We remain focused on building innovative technology that empowers people everywhere.” Four days later, OpenAI said it had seen no evidence supporting Apple's claims.
For weeks, little more was said publicly. Then, on August 4, OpenAI published a longer post titled “Apple is getting this wrong,” signed by the company. The post addresses several specific allegations, describes the lawsuit as “careless, aggressive, and oddly personal,” and includes documents that OpenAI says tell a different story.
OpenAI says Apple sent its complaint to the wrong person
One of the most striking claims in OpenAI's response concerns how Apple says it tried to contact OpenAI before filing suit. Apple's lawsuit said that it contacted OpenAI in February and received no response. OpenAI now says that claim is misleading. According to OpenAI, Apple's outside lawyers emailed the wrong person after confusing two Asian last names. OpenAI says it had to point this out to Apple before Apple conceded the mistake.
OpenAI also says Apple claimed its outside lawyers had a discussion with OpenAI's general counsel. OpenAI says Apple now admits that conversation never happened. More importantly, OpenAI argues, Apple never raised the specific allegations contained in the lawsuit during that earlier contact. Instead, OpenAI says Apple told the company it was “resolving any issues.” After that, OpenAI says it heard nothing for five months until the lawsuit was filed.
OpenAI included email correspondence on the public page to back up these claims. The implication is that Apple's lawsuit is built on a flawed pre-suit process, and that the company did not give OpenAI a fair chance to respond before litigation.
Data access allegations: A former employee's side of the story
Apple's lawsuit also focuses on Chang Liu, a former Apple employee accused of accessing confidential information after leaving the company. OpenAI's response acknowledges the access issue but frames it differently. OpenAI says Apple employees reached out to Liu after he left and asked for his help locating information. Screenshots of those messages were included in OpenAI's response.
OpenAI argues that Apple is trying to shift the blame to what it calls “residual access.” The company says this is a common issue at Apple, caused by Apple's failure to properly manage system access when employees depart. In practice, OpenAI explains, former employees who try to do the right thing can still retain access to Apple files, even if they do not want the access or do not know it exists.
This section of the response is notable because it does not deny that Liu had some level of access. Instead, it suggests the access was not part of a scheme to steal trade secrets, but rather an administrative problem that Apple itself created. OpenAI says the claim is less about espionage and more about Apple's internal system management failures.
Tang Tan: A decorated former Apple leader
Another central figure in Apple's complaint is Tang Tan, a former senior Apple executive who worked at the company for more than 24 years. Apple's lawsuit accuses Tan of trying to obtain and use Apple trade secrets for OpenAI. OpenAI's latest response defends Tan in strong terms.
“Tang has always been clear with the team that we do not want, and must not use, any confidential information from other companies,” the post says. It also notes that Tan served Apple for more than two decades and was widely known as one of the most innovative leaders at the company.
Tan's role in the broader story is significant because of his seniority at Apple. He was deeply involved in product design and hardware work, which makes him a natural focus for Apple's claims. OpenAI's defense is aimed at countering the suggestion that Tan would risk his reputation by soliciting secrets from his former employer.
The legal stakes: Preliminary injunction and trade secrets law
Apple is seeking a preliminary injunction against OpenAI. That request is central to the legal battle. A preliminary injunction is a court order that can require a party to stop doing something while the case is pending. In trade secrets cases, plaintiffs often seek these injunctions to prevent the alleged use or disclosure of secrets before a trial can take place.
The standard for obtaining such an injunction is high. A plaintiff must generally show a likelihood of success on the merits, a risk of irreparable harm, and that the balance of hardships favors the injunction. OpenAI argues that Apple's request is based on false information and should be rejected.
OpenAI says it does not have, and does not want, any of Apple's trade secrets. It also says it has taken the lawsuit seriously and offered to work with Apple to resolve the matter. The company says Apple has changed its narrative over time, including by making vague accusations about other former employees, and will likely keep repeating that tactic.
What OpenAI's evidence actually shows
OpenAI's public response includes a significant amount of evidence, including email exchanges and iMessage screenshots. The company says these documents contradict Apple's timeline and undermine the core allegations. While the post is not a formal legal filing, it appears designed to shape public opinion and put pressure on Apple to clarify its claims.
Legal experts often caution that one side's public statement does not tell the whole story. Apple's complaint may contain additional evidence that has not been released publicly. And OpenAI's own response, while detailed, is also carefully selected to present the company in the best light. The full picture is unlikely to emerge until the court reviews the actual documents and hears testimony from witnesses.
Still, the response raises important questions about Apple's pre-suit conduct. If Apple did send its initial email to the wrong person, and if it did not actually speak with OpenAI's general counsel, then its claim that OpenAI ignored the company becomes harder to sustain. Similarly, if Apple employees asked a former employee for help locating information, the accusation that he improperly accessed files becomes more complicated.
A broader pattern in the tech industry
The dispute between Apple and OpenAI is part of a larger pattern in the technology industry. Companies routinely compete for talent, and senior engineers often move between rivals. Trade secret litigation has become one of the most common ways for technology companies to police those moves. Apple, in particular, has a history of aggressively protecting its intellectual property.
At the same time, the talent war around artificial intelligence has made the issue more visible. OpenAI is one of the most valuable and influential AI companies in the world, and its success depends on hiring experienced engineers and executives. Many of those people come from other major technology companies, including Apple.
The question in this case is whether some of those employees brought more than their skills and experience with them. Apple says they did. OpenAI says they did not. The evidence, so far, is being argued both in court filings and in public statements.
What happens next
Apple will have an opportunity to respond to OpenAI's public statements, and the court will eventually rule on the preliminary injunction request. That ruling could come in the coming weeks or months. If the court grants the injunction, OpenAI could be barred from using certain information while the case proceeds. If the court denies it, Apple will have to continue the case without that immediate relief.
OpenAI's post is not its formal legal answer, but it sets the tone for the company's defense. By putting documents into the public domain, OpenAI is betting that transparency will help its case. Apple, meanwhile, is likely to argue that OpenAI's selective disclosure is designed to distract from the underlying allegations.
For now, the dispute remains at an early stage. The two companies are preparing for what could be a lengthy legal battle. OpenAI's latest response makes one thing clear: it intends to fight the lawsuit publicly as well as in court. Whether the evidence ultimately supports Apple's claims or OpenAI's denials will be decided by the legal process.
Source:9to5Mac News