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Freedom251 › Blog › Apple

Apple Fires Back at OpenAI in the Latest Round of the Trade-Secrets Fight

By Freedom251 Team · · 3 min read

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On October 5, 2026, Apple accused OpenAI and the other defendants in its trade-secret lawsuit of improperly adding new arguments and testimony to a filing that was supposed to object to Apple’s new evidence. It is a fight over what the judge should read before ruling on Apple’s request for a preliminary injunction. It is not a ruling on whether Apple’s underlying allegations are true. Nothing in the reporting shows the court has decided either side’s procedural objection.

What Apple says OpenAI did in the latest filing

According to 9to5Mac’s October 5 report, Apple argues that the defendants went beyond the permitted scope of an objection. Apple says their response introduced additional arguments and testimony instead of confining itself to challenging Apple’s evidence. The defendants are OpenAI, io Products, and former Apple employees Chang Liu and Tang Tan. This is Apple’s characterization. The defendants have not been reported as conceding it.

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The two procedural accusations side by side

Date Who filed The accusation
Before Sept. 25 Apple Filed a reply supporting its injunction request. It was reported as containing five expert declarations and 13 exhibits.
Sept. 25 Defendants Asked the court to strike two declarations and disregard other evidence attached to the reply. They argued Apple improperly expanded the reply.
Oct. 5 Apple Said the defendants’ filing, meant to object to the new evidence, itself added arguments and testimony.

The five declarations and 13 exhibits are counts of materials in this case, as reported. They are not broader statistics. Each side is accusing the other of using a narrow filing to widen the record. The court decides what it will consider, and the reporting does not say it has done so.

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The underlying lawsuit

Apple sued OpenAI, io Products, Liu and Tan, alleging trade-secret misappropriation tied to OpenAI’s hardware development. These are allegations, not findings.

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  • Apple’s account: Apple says Liu accessed confidential engineering material after leaving the company. It says Tan sought information from Apple employees in hiring contexts. TechCrunch’s report on Apple’s August 31 filing described Apple’s claims that Liu used a confidential circuit schematic and that evidence from his devices supports its position.
  • The complaint’s framing: The Associated Press quoted the complaint: “This case is about Apple’s former employees stealing Apple’s trade secrets for the benefit of OpenAI.” That is the plaintiff’s wording, not a court conclusion.
  • OpenAI’s response: OpenAI spokesperson Drew Pusateri told AP the company has “no interest in other companies’ trade secrets. We remain focused on building innovative technology that empowers people everywhere.” In the same TechCrunch report on the August 31 filing, OpenAI’s defense centered on residual access and Apple’s offboarding practices. OpenAI’s own post is a statement of its position, not independent confirmation of events.

What Apple wants from the court

Apple asks for a preliminary injunction. That would be an order restricting access to, use of, disclosure of, or solicitation of the alleged trade secrets while the lawsuit continues. Apple’s argument is that without one, the information could become further embedded in OpenAI’s hardware development.

Granting that request would not mean the court had found misappropriation. A preliminary injunction is interim relief. It also would not by itself establish that a product launch will be delayed.

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Why the evidence fight matters

The expert declarations and exhibits are part of what Apple offers to show it deserves interim relief. If the court strikes or disregards them, Apple’s case on the injunction request looks different. If it keeps them, the defendants’ arguments about timing and fairness may still shape how much weight they get. The procedural question is separate from whether the trade-secret claims are true, and the cited reporting shows no ruling on liability.

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What to watch next

Reporting from 9to5Mac identifies October 14, 2026 as the date for arguments on Apple’s injunction request. Court calendars can shift, so treat the date as the reported schedule. Useful signals will be whether the judge rules on the motion to strike, how much of the disputed material is considered, and whether the injunction request is granted, narrowed or denied.

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Appleio ProductslawsuitOpenAIPreliminary injunctionTrade Secrets

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