OpenAI asks court to strike Apple’s new evidence in trade secrets case

OpenAI and the other defendants in Apple’s trade secrets lawsuit have asked the court to strike two new expert declarations and disregard other evidence Apple submitted in reply to their opposition.

Apple filed its reply with five expert declarations totaling 126 pages and 13 exhibits. The defendants argue that the material exceeds the scope of Apple’s original arguments and leaves them without a fair opportunity to respond.

Apple’s case against OpenAI and io Products

Apple accuses OpenAI, Jony Ive’s io Products and former employees Chang Liu and Tang Tan of obtaining or using confidential hardware information. It is seeking a preliminary injunction barring the defendants from accessing, using, disclosing or soliciting its trade secrets.

Apple alleges that Liu accessed confidential engineering files after leaving the company and that Tan sought confidential information from Apple employees interviewing for jobs elsewhere.

Evidence submitted by Apple

Apple’s experts — Daniel Roffman, James Pooley, Ayman Fayed, Paul Hatch and Jude Runge — addressed Apple’s security practices, forensic evidence from Liu’s devices, the value of power-management secrets and the secrecy of metal-finishing processes.

The defendants say Runge was brought in as a new expert to reinforce testimony already submitted, while Fayed offered opinions that could have been presented earlier. They also argue that Pooley relied on an investigation conducted after the original motion and that Roffman used evidence available earlier while presenting some of Liu’s messages out of context.

Defendants seek limits on new material

OpenAI and the other defendants are asking the court to strike two declarations, including five exhibits attached to Roffman’s declaration, and disregard other new evidence and opinions. If the court considers Roffman’s materials, they also ask it to consider a new declaration from Liu explaining the messages and device activity Apple cited.