Apple asked a federal judge to reject OpenAI’s effort to dismiss its trade secrets lawsuit, saying the company is relying on “distortion, speculation, and improper extrinsic evidence” to challenge allegations involving former Apple employees.
The iPhone maker made the arguments in a 32-page filing on Wednesday, responding to OpenAI’s motion to dismiss a lawsuit that Apple filed in July.
Apple accuses OpenAI of obtaining confidential information while recruiting employees from its hardware teams.
More than 400 former Apple employees now work at OpenAI, according to Apple. The case focuses on two of them: engineer Chang Liu and former hardware executive Tan Yew Tan.
Apple alleges that Liu continued to access its internal network storage after leaving for OpenAI by exploiting what the company described as a “rare authentication bug.”
It says Liu downloaded dozens of confidential engineering files weeks after beginning work at OpenAI, including a presentation covering the manufacturing and testing of main logic boards.
The allegations involving Tan relate primarily to recruiting. Apple says Tan used internal project codenames while interviewing Apple employees and questioned candidates about unreleased products.
In one instance, according to the filing, Tan asked an Apple employee to bring hardware components she had worked on to OpenAI for a “show and tell.” Apple says the components included batteries, system-on-chips, logic boards and shields.
Earlier this month, OpenAI denied seeking Apple’s confidential information and asked the court to dismiss the case. The company argued that Apple failed to identify its alleged trade secrets with enough specificity and said OpenAI is “building something entirely new and different from anything at Apple.”
It also submitted text messages, its interview guide and material showing that some Apple project codenames can be found publicly.
Apple says the judge shouldn’t consider that material at this stage of the case. A motion to dismiss generally tests whether the allegations in a complaint are sufficient to proceed, rather than deciding which side’s evidence is more convincing.
Apple also rejected OpenAI’s argument that it needs to describe the alleged trade secrets more precisely. Citing a 2025 Ninth Circuit ruling, the company said that question can be addressed later in discovery or at trial. Providing greater detail in a public complaint could also reveal the confidential information Apple is seeking to protect, it said.
The filing takes aim at another part of OpenAI’s defense involving Tan. OpenAI said its explanation for his conduct is “at least equally plausible” as Apple’s allegations. Apple argues that the existence of competing plausible explanations means the factual dispute should be allowed to proceed.
U.S. District Judge Edward J. Davila is scheduled to hear arguments on the motion Oct. 1. If the motion is denied, the lawsuit can proceed to discovery, granting the companies access to documents, communications, and other evidence relevant to Apple’s allegations. OpenAI could also renew its effort to end the case later, after the factual record has been developed.
