OpenAI asks court to dismiss Apple's trade secret lawsuit
What's the story
OpenAI has filed a new petition, along with Chang Liu, Tang Tan, and io Products, asking the court to dismiss Apple's trade secret misappropriation complaint. The lawsuit accuses Liu and Tan of stealing confidential Apple information after leaving the company. It also claims they coached potential hires on bypassing Apple's security systems while taking company information with them.
Legal battle
Apple seeks preliminary injunction in ongoing case
Apple has also sought a preliminary injunction to prevent OpenAI and the other defendants from accessing, using, or disclosing its alleged proprietary information during the case.
The tech giant wants expedited discovery to quickly determine the extent of the alleged misappropriation.
In response to Apple's lawsuit, OpenAI and the other defendants have asked for its dismissal, arguing that Apple hasn't met legal requirements for its trade secret misappropriation claims.
Court proceedings
Disagreement over what constitutes protectable trade secrets
OpenAI claims Apple hasn't specifically identified protectable trade secrets, plausibly alleged misappropriation by any of the defendants, or shown any resulting injury or ongoing harm.
In response, Apple argues its complaint identifies specific trade secrets and acts of alleged misappropriation.
The company accuses the defendants of relying on unrelated events to provide innocent explanations for conduct that Apple never alleged.
Legal strategy
OpenAI accuses Apple of 'deficient' allegations in response
In its new filing, OpenAI reaffirms its earlier arguments and asks the court to dismiss the lawsuit with prejudice.
This would prevent Apple from bringing same claims again in the future.
The company argues that Apple's rebuttal "confirms, rather than cures, the Complaint's central defect," and contends that Apple must connect three propositions concerning the same information and defendant: what is the asserted trade secret; why it qualifies for protection; and how a defendant improperly acquired, disclosed or used it.
Accusations
What does the Rule 12 state?
OpenAI also accuses Apple of asking the court to "infer essential facts that are not alleged," adding that while "Rule 12 permits reasonable inferences from alleged facts," it "does not permit speculation to substitute for the missing act of misappropriation."
The company has filed its motion to dismiss, Apple's opposition, and OpenAI's response ahead of a hearing scheduled for October 1.