OpenAI and the other defendants in Apple's trade-secret lawsuit are asking a federal judge to strike or disregard parts of the evidence Apple recently submitted in support of a preliminary injunction.
The September 24 filing argues that Apple used its reply brief to introduce five expert declarations totaling 126 pages, along with 13 exhibits, after the defendants had already answered the original motion.
The objection is about timing and a chance to respond
The defendants contend that the new declarations go beyond rebutting their opposition and include evidence or opinions that Apple could have presented earlier. They ask the court to strike the declaration of materials expert Jude Runge and two declarations tied to forensic examiner Daniel Roffman, including Roffman's five exhibits.
They also ask the judge to disregard portions of declarations from Ayman Fayed and James Pooley. The filing argues that Fayed introduced new opinions about the value and possible uses of Apple's claimed trade secrets, while Pooley relied on a factual investigation conducted after his first declaration.
For Roffman's evidence, the defendants say Apple had access to the relevant MacBook before filing its original injunction motion but waited to inspect it. They also argue that some communications from former Apple engineer Chang Liu were presented without enough context.
The underlying allegations remain disputed
Apple accuses former employees Liu and Tang Tan of taking or accessing confidential hardware information and using it to benefit OpenAI and io Products. Apple is seeking an injunction that would restrict the defendants from using, disclosing or soliciting its confidential information while the case proceeds.
The defendants deny that Apple's new material cures what they describe as defects in that request. If the judge considers Roffman's filing, they ask the court to also consider a declaration from Liu explaining the messages and device activity Apple cited.
The objection does not decide whether Apple's trade secrets were misappropriated. It asks the court to set the evidentiary record for the upcoming injunction hearing, currently scheduled for October 14.
