OpenAI Asked Court to Strike Apple Expert Evidence
OpenAI filed a motion challenging new expert declarations included in a recent Apple trade secret reply brief.
Updated on Sept. 26, 2026 in Artificial Intelligence
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OpenAI has petitioned a federal court to strike two expert declarations submitted by Apple in an ongoing trade secret lawsuit. The filing follows a massive 126-page reply brief submitted by Apple last week.
Why it matters
OpenAI argues that the inclusion of this new evidence in a reply brief represents an improper attempt to patch a weak case after reviewing the defense's position. The legal move marks a significant escalation in the dispute regarding alleged misappropriation of proprietary hardware information.
Apple submitted a 126-page reply brief that included 13 separate exhibits and 5 distinct expert declarations. The filing serves as part of Apple's request for a preliminary injunction against OpenAI, io Products, Chang Liu, and Tang Tan.
The players
OpenAI
An artificial intelligence research organization that develops advanced machine learning models and applications.
Apple
A global technology company that designs consumer electronics, software, and online services.
Chang Liu
A defendant in the lawsuit who is a former employee accused of taking confidential hardware information from Apple.
Tang Tan
A defendant in the case who allegedly attempted to obtain confidential information during job interviews after leaving Apple.
The details
Apple initially sued the defendants earlier this year, alleging that former employees Chang Liu and Tang Tan misappropriated confidential engineering and hardware documents. OpenAI has requested to strike the declarations provided by experts Daniel Roffman and Dr. Jude Runge while asking the court to admit new information from defendant Chang Liu.
Timeline
Earlier this year, Apple filed its initial lawsuit against the defendants.
Last week, Apple submitted a 126-page reply brief containing 13 exhibits.
The Tech Race
This litigation follows the pattern set by the Waymo v. Uber trade secret litigation regarding the movement of proprietary hardware and engineering data. It highlights the intensifying arms race for talent and intellectual property between established hardware leaders and emerging AI firms.
While the legal battle currently focuses on corporate engineering secrets, the outcome could influence the speed at which new AI-powered hardware products reach the market. Consumers may see shifts in the availability or features of upcoming technology as companies adjust their internal security policies.
The takeaway
This case serves as a reminder of the strict legal boundaries governing employee movement and data retention in the tech sector. Companies are increasingly using the judicial system to protect their competitive advantage in the race to develop next-generation AI hardware.
Further reading
For additional context on legal battles involving generative AI, see Artificial Intelligence.
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