Distortion & speculation warrant denying OpenAI request for lawsuit dismissal, says Apple

Apple sued OpenAI for alleged trade secret theft, and after OpenAI’s weak attempt to have the case dismissed, Apple has doubled down on its claims in a new filing.

The Apple lawsuit against OpenAI started with several odd public statements from the company denying the accusations. OpenAI filed for dismissal on August 5, simply arguing that it didn’t need Apple’s trade secrets and that Apple is the one that can’t compete.

In the latest filing viewed by AppleInsider on Wednesday, Apple said that OpenAI’s attempt to dismiss relied upon distortion, speculation, and improper extrinsic evidence. The company reiterates its allegations in detail, alleging evidence on their end of misappropriation of trade secrets and OpenAI encouraging as much.

First, Apple says that Mr. Liu didn’t accidentally get data from Apple’s corporate servers via unknown device syncing. Instead, he allegedly knew what he was doing by exploiting a bug and bragging about it — “LOL … so funny.”

OpenAI also didn’t take any time to explain why those being interviewed from Apple were being coached on how to steal information. Also, Mr. Tan’s requests were for secret prototypes, not publicly available products.

The filing says OpenAI mischaracterizes these accusations as innocent accidents and ignores the seriousness of the accusations in the lawsuit.

The filing straightforwardly puts it this way:

OpenAI Repeatedly Misappropriated Apple’s Trade Secrets Both Through The Actions Of Defendants Liu And Tan, And Through Its Own Independent Conduct.

Apple requests that the Court deny OpenAI’s motion for dismissal. The case will pick up again on October 1, where Apple’s request for expedited discovery will be heard.