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Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Apple says OpenAI and the other defendants went beyond objecting to evidence when they challenged material Apple submitted with its reply in a bid for a preliminary injunction. In an October 5 court filing, Apple argues that the defendants added arguments on the merits and new testimony from former Apple employee Chang Liu. Those are Apple’s claims, not findings by the judge; the hearing was scheduled for October 14, 2026.
What Apple’s October 5 filing says
Apple Inc. filed a “Statement in Response to Defendants’ Objections to Reply Evidence” in the U.S. District Court for the Northern District of California, San Jose Division. The filing is Document 173 in case 5:26-cv-07078-EJD, before Judge Edward J. Davila. Apple’s response addresses objections the defendants had made to evidence accompanying Apple’s reply brief on its preliminary-injunction motion.
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Apple relies on Civil Local Rule 7-3(d)(1), which permits objections to new evidence in a reply but says the filing “may not include further argument on the motion.” Apple contends the defendants crossed that line. Its filing states: “Defendants did not comply with this restriction and used their filing to relitigate the merits of Apple’s Motion for Preliminary Injunction.” That is Apple’s characterization of the defendants’ submission, not a court ruling. Apple’s October 5 filing
What material Apple says went beyond evidence objections
The immediate dispute concerns Apple’s reply evidence, which included five expert declarations, according to 9to5Mac’s September 25 report and its coverage of the defendants’ objections. The defendants asked the court to strike or disregard some of that material. Apple says their objections discussed expert analysis and whether information Apple relies on was public—subjects Apple considers arguments about the merits rather than proper objections to evidence.
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The Chang Liu declaration
Apple particularly challenges an eight-paragraph declaration from Chang Liu. According to Apple’s filing, it discusses why Liu erased data on an iMac before returning it to Apple, the meaning of text messages with an Apple supplier, and Liu’s use of an Apple computer file. Apple calls this new testimony and argues it is not permitted in a filing limited to objections to reply evidence. The filing does not establish whether the judge will accept that description.
The filing’s length
Apple also says the defendants’ response and declaration together total nine pages, exceeding the five-page text limit that Apple attributes to Civil Local Rule 7-3(d)(1). Apple describes the submission as resembling a sur-reply and says the defendants did not seek leave to file one. These, too, are arguments Apple presented to the court.
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What Apple is asking the judge to do
Apple asks the court to deny the defendants’ request to strike its reply evidence and to decide the preliminary-injunction motion on the full record. The dispute therefore has two linked questions: whether the defendants’ filing was a permissible response to evidence or impermissible additional argument, and whether Liu’s declaration was an appropriate response or new merits testimony.
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1Fix the driver behind crashes, sound loss and screen glitches2Clear out junk files and repair common Windows errors3Scan for outdated or missing drivers - takes under a minuteThe competing positions are part of a sequence of submissions, not a final decision. The defendants objected to Apple’s reply evidence; Apple’s October 5 response opposes those objections. The court’s ruling on the objections could affect what material is considered when the judge decides the injunction request.
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How this fits into the underlying case
The defendants named in the case are Chang Liu, Tang Yew Tan, OpenAI Foundation, OpenAI Group PBC, and io Products, LLC. Apple’s broader lawsuit alleges trade-secret misappropriation and related conduct involving confidential Apple hardware information. The underlying allegations remain contested.
Apple’s complaint characterized the case as being about “Apple’s former employees stealing Apple’s trade secrets for the benefit of OpenAI,” as quoted by the Associated Press. OpenAI has disputed Apple’s account. AP quoted OpenAI spokesperson Drew Pusateri saying the company has “no interest in other companies’ trade secrets” and remains focused on building technology that empowers people. OpenAI’s public statement likewise denies wanting or having Apple’s trade secrets. Neither party’s claims should be treated as established facts. Associated Press background on the lawsuit
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When the injunction hearing was scheduled
Apple’s filing listed a hearing on its preliminary-injunction request for October 14, 2026, at 9:00 a.m. A contemporaneous 9to5Mac report also said argument was scheduled for that date. As of October 7, the hearing had not occurred, and the available filings and reports did not show a ruling on either the objections or the injunction request. The scheduled date is not evidence that the hearing took place or that the court reached a decision.
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